(a)

Basic goal. It is the intent of this chapter to encourage and promote, in accordance with present and future needs, the safety, morals, health, order, convenience, prosperity and general welfare of the citizens of the city.

(b)

Objectives. To achieve this end, these regulations are prepared in accordance with and for the promotion of the goals and objectives of the comprehensive development plan, and are designed to:

(1)

Conserve the value of land, buildings, and resources;

(2)

Protect the character and maintain the stability of residential, commercial, and industrial areas; and

(3)

Provide for the efficiency and economy in the process of development through the:

a.

Appropriate use of land;

b.

Regulating of the use and occupancy of buildings and land;

c.

Healthful and convenient distribution of population;

d.

Convenience of traffic and circulation of people and goods;

e.

Adequacy of public utilities and facilities;

f.

Promotion of the civic amenities of beauty and visual interest;

g.

Protection, enhancement, and perpetuation of specific community areas with special character, interest, or value which represent and reflect elements of the city's cultural, social, economic and political heritage;

h.

Establishment of zoning districts which will regulate the location and use of buildings and other structures, land for trade, industry, residence and other purposes by regulating and limiting or determining the height, bulk, and access to light and air of buildings and structures, the area of yards and other spaces, and the density of use.

(c)

Accomplishment of objectives. To accomplish these objectives, the regulations and districts and accompanying maps have been designed with reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses.

(Zoning Ord. 1999, § 2-1)

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

Access means the primary means of ingress and egress to abutting property from a dedicated right-of-way.

Accessory structure means a structure incidental and subordinate to the principal use of the property and located on the same lot as the principal use.

Accessory use means a use which is wholly incidental to and supportive of the principal use on the same lot.

Alley means a public or private right-of-way, not more than 30 feet in width, which affords a secondary means of public or private access to property abutting thereon.

Apartment. See Dwelling, multiple-family.

Automotive repair facilities means establishments used for mechanical engine overhaul which includes the removal of engine, chassis, or body components for repair or replacement and wherein the dispensing of gasoline may be included, but not gasoline service stations. The term "automotive repair facilities" shall also include body, paint, brake, transmission and tire service shops.

Boardinghouse means an establishment with lodging for four or more persons, where meals with compensation are regularly prepared and served to such lodgers, without service or ordering of individual portions from a menu.

Buildable area means that portion of a lot remaining after the required yard setbacks have been provided.

Building means any structure, either temporary or permanent, having a roof, and used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials, or property of any kind. The term "building" shall include tents, dining cars, trailers, manufactured or mobile homes, sheds, garages, carports, animal kennels, storerooms, or vehicles serving in any way the function of a building as described herein.

Accessory building means a subordinate building, the use of which is incidental to that of the principal building on the same lot.

Principal building means a building in which is conducted the principal use of the lot on which it is situated. In a residential district, any dwelling shall be deemed to be the principal building on the lot on which the same is situated. An attached carport, shed, garage, or any other structure with one or more walls or a part of the principal building and structurally dependent, totally or in part, on the principal building, shall comprise a part of the principal building and be subject to all regulations applicable to the principal building. A detached and structurally independent carport, garage, or other structure shall conform to the requirements of any accessory building.

Building height means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building except that the distance shall be measured to the average height between the eaves and ridge for gable, hip or gambrel roofs and to the deck line of a mansard roof.

Building line means the line established by yard or setback requirements outside of which no principal building may be erected.

Business service establishments means establishments providing supplies and services to business and professions and telephone answering service, office supply and stationery stores, delivery and messenger services, advertising agencies, direct mail service, detective agencies, employment agencies, collection agencies, and any other establishments offering goods or services of a similar nature, but not including establishments of research or light industrial nature.

Centerline means the line midway between the street right-of-way lines or the surveyed and prescribed centerline established by the city which may not be the line midway between the existing or proposed street right-of-way lines.

Child day care center means a place, home, building, or location where care is provided for four or more children under the age of 18 years. The term "child day care center" specifically includes nursery schools, kindergartens or any other facility caring for children during the day or night.

Clinics means a medical office or group of offices, used for the care, diagnosis and treatment of sickor injured persons, and those in need of medical or surgical attention, but not involving overnight care on the premises. The term "clinics" may include accessory facilities for retail sales of pharmaceuticals, and medical, optical, or dental supplies.

Contractor shops and yards mean stores, fabrication, and repair shops and yards for cabinet makers and carpenters, electrical contractors, electric sign contractors, glaziers, heating and sheet metal contractors, linoleum and carpet contractors, painters, plumbers, roofers, tent and awning contractors, upholsterers, and any other concern of a similar nature, but not including concrete mixing or asphalt plants.

Court, general, means an open space, other than a yard, on the same lot with a building or structure, which is bounded on two or more sides by the walls of such building or structure.

Inner court means a court which is completely surrounded by a building.

Outer court means a court enclosed on three sides by exterior walls of a building or structure, or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley, or yard.

Covenant means a rule attached to the title of real property that restricts the use of the property for some stated period of time.

Density means an existing or projected relationship between the allowable lot area per dwelling unit for a district and the land area zoned in each zoning district. The number of dwelling units is found by dividing the total land area zoned in each zoning district by the allowable lot area for that district.

Dry good stores means establishments selling clothing, linens, blankets, yardage and notions and shall include shoe repair stores, gift stores, notions stores, luggage stores, tailor shops, yardage stores, shoe stores, clothing stores, and other stores of a similar nature, but excluding variety stores and department stores.

Dwelling unit means a dwelling unit consisting of one or more rooms which are arranged, designed, or used as living quarters, including permanently installed individual bathrooms and complete kitchen facilities.

Dwelling, multiple-family, means a structure designed with more than one dwelling unit with accommodations for each dwelling unit independent of each other and intended to be occupied by more than one family.

Dwelling, single-family attached, means a structure designed as one dwelling unit at ground space and intended to be occupied exclusively by one family and structurally connected by common walls or with separation of not more than one inch from at least one or more other dwelling units.

Dwelling, single-family detached, means a structure designed as one dwelling unit and intended to be occupied exclusively by one family and structurally connected to no other dwelling unit.

Easement means a limited legal right to occupy or use another person's land for specific purposes.

Eating establishments means establishments where meals or prepared food, including beverages and confections, are served to customers for consumption on or off the premises and shall include restaurants, cafes, coffee shops, donut shops, ice cream parlors, soda fountains, hamburger and hot dog stands, sandwich shops, delicatessens, cafeterias, and other stores of similar nature.

Family means one or more persons related by blood, marriage, or legal adoption, or a group of not more than three unrelated persons occupying a dwelling unit. A group of persons occupying a boardinghouse, lodginghouse, fraternity house, sorority house, hotel, motel, or similar accommodation shall not be construed as a family.

Financial institutions means establishments and offices offering financial services or counsel and shall include full service banks, saving and loan institutions, stock broker's offices, banking companies, finance company offices, credit union offices and any other institutions of a similar nature.

Food stores means establishments selling food or drink products for consumption off the premises and shall include convenience grocery stores, fruit and vegetable stores, bakeries, retail (limited preparation of products for on-premises sales) meat and fish stores, dairy product stores, butcher shops, candy stores, liquor or wine stores and other stores of a similar nature.

Front means that property line which abuts on a public street, or, in the event the property abuts on two or more streets, the term "front" means that property line abutting on a street which has been so designated by the owner at the time of his application for a building permit.

Frontage means distance measured along an abutting public street right-of-way.

Furniture and appliance stores means establishments selling new or used furniture or appliances and providing incidental service and maintenance and shall include new and used furniture stores, appliance stores, antique dealers, carpet and linoleum dealers, and other establishments of a similar nature.

Gasoline service station means establishments for servicing of automotive vehicles which includes activities such as oil changes, lubrication, dispensing of gasoline, tune up, tire replacement and repair, and wheel alignment and balancing, but no overhaul, body or paint shops. Brake and transmission shops shall also be considered minor automotive repair facilities.

Home occupation means any occupation or profession engaged in by the occupants of a dwelling not involving the conduct of a retail business and not including any occupation conducted in any building on the premises excepting the building which is used by the occupant as his or her private dwelling. The term "home occupations" shall include, in general, personal or professional services such as furnished by an architect, lawyer, physician, dentist, musician, artist, barber, and seamstress when performed by the person occupying the building as his or her private dwelling and not including a partnership or the employment of more than one assistant in the performance of such services.

Hotel means a building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contrast to a boardinghouse, a lodginghouse, or a multiple-family dwelling which are herein defined.

Household and family service establishments means establishments providing for the sale, repair, or maintenance of articles of normal home or family use and shall include cleaning and drying establishments, coin-operated laundries, lawn mower and saw sharpening, fix-it shops, smaller home appliance stores and repair shops, sewing machine stores, hardware stores, camera and photo supply stores, pet stores, excluding veterinarian services, art stores, music stores, pawnshops, florists and any other shops of a similar nature; provided, however, that establishments for the selling, repairing, or maintenance of vehicles or tires shall not be deemed to be household and family service establishments.

Includes. The term "includes" means shall not limit a term to the specified examples but is intended to extend its meaning to all instances or circumstances of like kind or character.

Junkyard means an open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, cloths, paper, rags, plumbing fixtures, rubber tires, bottles and vehicles.

Living unit. See Dwelling unit.

Lodginghouse means a building or place where lodging is provided (or which is equipped to provide lodging regularly) by prearrangement for definite periods, for compensation, for three or more persons in contrast to hotel open to transients.

Lot means a piece, parcel, tract, or plot of land.

Lot area means the total horizontal area included within lot lines.

Lot, corner, means a lot bounded by more than one intersecting street.

Lot coverage means the ration of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.

Lot depth means the mean horizontal distance between the front and rear lot lines.

Lot lines means the boundary line of a lot.

Lot of record means a lot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat prior to the effective date of the ordinance from which this chapter is derived.

Lot width means the mean horizontal distance between the side lot lines measured at the required front property line.

Manufactured home means a HUD code manufactured home, defined in V.T.C.A., Occupations Code § 1201.003, as a structure constructed on or after June 15, 1976, according to the rules of the federal Department of Housing and Urban Development; built on a permanent chassis that is designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities. Manufactured homes are transportable in one or more sections and, while in traveling mode, are at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet. The term "manufactured home" includes the plumbing, heating, air conditioning, and electrical systems of the home but does not include a recreational vehicle as defined by 24 CFR 3282.8(g).

Manufactured or mobile home means a structure constructed before June 15, 1976, that is built on a permanent chassis and designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities. Manufactured or mobile homes are transportable in one or more sections and, while in traveling mode, are at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet. The term "manufactured or mobile home" includes the plumbing, heating, air conditioning, and electrical systems of the home.

Manufactured or mobile home park means a parcel of land designed, constructed, equipped, operated, managed and maintained for the purposes of providing spaces for rent or lease on which are placed manufactured or mobile homes which are rented, leased, or owned.

Manufactured or mobile home subdivision means the division of a parcel of land into contiguous lots or parcels, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivisions, for the purpose of transfer of ownership and the subsequent placement of a manufactured or mobile home on said lot or parcel for the establishment of a permanent residence.

Motel means a group of attached, semidetached, 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 and offering to the public daily as well as other longer term rental rates and maintaining a register of guests or their vehicles.

Nonconforming building or structure means a building or structure existing at the time of passage or amendment of this chapter which does not conform to the property development and regulations of area, height, lot coverage, yard setbacks, or other like requirements of the district in which it is located.

Nonconforming lot means any single lot, tract, or parcel of land in existence at the time of passage or amendment of the ordinance from which this chapter is derived which does not meet the minimum dimensions, area or other regulations of the district in which it is located.

Nonconforming use means any land use existing at the time of passage or amendment of the ordinance from which this chapter is derived which does not conform to the provisions, requirements, and regulations of the district in which it is located.

Parking space, off-street, means an area of not less than 162 square feet, surfaced with a suitable, dust-free surface, enclosed or unenclosed, exclusive of driveways and alleys, and adjacent to a driveway or alley, with the minimum dimensions of nine feet by 18 feet, designed so as to be used for parking of a motor vehicle.

Personal service establishments means establishments and offices offering services for the health and welfare of the individual and shall include barbershops, beauty shops, reducing or slenderizing studios, tanning salons, and any other establishments of a similar nature, but not including any professional services.

Principal use means the primary purpose for which land or building issued as permitted by the applicable zoning district.

Professional services means services offered by doctors, lawyers, accountants, real estate brokers, insurance agents, land developers, engineers, architects, planners, computer systems analysts and any other individuals or groups offering professional services of a similar nature.

Property line. See Lot line.

Public body means any government or governmental agency, board, commission or authority of the city, the county, the state, or the federal government or any legally constituted district.

Public use means the use of any land, water or buildings by a public body for a public service or purpose.

Rear means that boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line.

Recreational and sports stores means establishments selling sporting goods, bicycles, and other sports and recreation equipment and shall include sporting goods stores, gun shops, bicycle shops, including bicycle repair, toy stores, and any other stores selling goods of a similar nature, but excluding motorized recreational vehicle sales and services including cycle sales and services.

Recreational vehicles means any vehicle designed and intended for recreational purposes, and shall include trailers, travel trailers, camp cars, pickup campers, buses, tent trailers, or any other similar vehicles with or without motive power, designed and constructed to travel on public thoroughfares.

Residence. See Dwelling unit.

Right-of-way means a strip of land dedicated or deeded to the perpetual use of the public.

Salvage yard. See Junkyard.

Semipublic body means churches and organizations operating as a nonprofit activity serving a public purpose of service and includes such organizations as noncommercial clubs and lodges, theater groups, recreational and neighborhood associations, and cultural activities.

Semipublic use means the use of any land or building by a semipublic body.

Side means any property line not a front lot line or a rear lot line. A side lot line separating a lot from a street is an exterior side lot line. A side lot line separating a lot from another lot is an interior side lot line.

Special exemption means a use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, and approved through a public hearing of the board of adjustment, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or prosperity. Such uses may be permitted in such zoning district as special exceptions and as outlined in the applicable zoning district.

Story means that portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half, means a partial story under a gable, hip or gambrel roof, the wall plat of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.

Street means a public or private right-of-way which affords a primary means of vehicular access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, place or however otherwise designated but does not include driveways to buildings.

Street right-of-way means the property line which bounds the right-of-way set aside for use as a street. Where sidewalks exist and the exact location of the right-of-way is unknown, the side of the sidewalk farthest from the centerline of the traveled street shall be considered as the right-of-way line.

Structural alteration means any change except for repair or replacement in the supporting members of a structure such as bearing wall or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls of a structure.

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground and having a height of four inches or more except for patios, parking and loading facilities, walls, or fences.

Trailer house. See Manufactured or mobile home.

Usable open space means that part of the ground area (improved or unimproved) roof, balcony, or porch which is designed or intended for outdoor living, recreation, or utility space and may include recreational buildings or structures, but shall not include streets, driveways, parking and loading areas or any other paved vehicular ways and facilities as well as all required minimum front yard areas.

Use means any activity, functions, or purpose, to which a parcel of land or building is put and shall include the words "used," "arranged," or "occupied," for any purpose, including all residential, commercial, business, industrial, public or any other use.

Used for includes "arranged for," "designed for," "maintained for," "provided for," or "occupied for."

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where a literal enforcement of this chapter would result in unnecessary and undue hardship.

Vehicle means any self-propelled conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, scooters, but shall not include tractors, construction equipment, or machinery, or any device used in performing a job as stated above.

Yard means the open space existing on the same lot with a principal building, unoccupied and unobstructed by buildings from the ground upward, between the lot line and building line.

Front yard means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the front lot line and the principal building.

Rear yard means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the principal building. On both corner and interior lots the rear yard shall in all cases be at the opposite end of the front yard.

Side yard means a yard extending from the front yard to the rear yard and being the minimum horizontal distance from the side lot line to the principal building.

Side yard, street, means a yard adjacent to a street between the front and the rear lot line and being the minimum horizontal distance from the side lot line to the principal building.

Zoning district means a portion of the territory of the city, including the zoning map and all amendments of such this chapter and zoning map.

(Zoning Ord. 1999, § 3-2)

Provisions set forth in this chapter apply to the entire corporate area of the city, and all zoning districts therein.

(Zoning Ord. 1999, § 16-1)

(a)

Use of residentially zoned property for access. No residentially zoned land shall be used for driveway, walkway, or access purposes to any land which is nonresidentially zoned or used for any purpose not permitted in a residential district except for ingress and egress to a use existing at the time of adoption of the ordinance from which this chapter is derived which does not abut a public street.

(b)

Access to commercial uses. Where a parcel of property zoned for commercial use abuts more than one street, access from either street to such property will be permitted only if no residentially zoned property lies immediately across such street from such commercially zoned property; provided, however, access may be permitted from any major collector or major thoroughfare and, provided further, that one point of access shall be permitted in any case, not withstanding other provisions of this chapter.

(c)

Facing of commercial uses. Commercial uses shall face other commercial or industrial districts across a street if within a commercial or industrial zone, and shall not face residential zones which may front on an intersecting or rear street adjacent to such commercial or industrial zone, except where property has been previously zoned commercial or industrial.

(Zoning Ord. 1999, § 16-2)

The enforcing official may, in the performance of his functions and duties under the provisions of this chapter, enter upon any land and make examinations and surveys as deemed necessary in the administration and enforcement of this chapter.

(Zoning Ord. 1999, § 16-3)

(a)

For any public street or alley which is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the centerline of the property which is abandoned. In the event abandoned property is not divided at the centerline for abutting properties, the zoning districts applicable shall apply to such ownership lines as determined by virtue of such abandonment.

(b)

For any public property other than streets or alleys, the regulations applicable to the zoning classification which abut the abandoned property for the greatest number of linear feet shall apply to the entire property. For purposes of this subsection, property separated by an intersecting street shall be deemed to abut said abandoned property along the centerline of such street right-of-way.

(Zoning Ord. 1999, § 16-4)

Church spires, chimneys, water, fire, radio, and television towers, smoke stacks, flag poles, monuments, and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established; however, the heights of these structures or appurtenances thereto shall not exceed the height limitations within any flight approach zone.

(Zoning Ord. 1999, § 16-5)

(a)

Flood hazard areas shall include all areas subject to inundation by floodwaters of the 100-year frequency as delineated by the most recent flood hazard boundary map or flood insurance rate map, as the case may be, issued by or on behalf of the Federal Insurance Administration, and approved by the planning and zoning commission and city council.

(b)

Development or use of any areas subject to inundation according to subsection (a) of this section shall comply with the regulations and requirements of the zoning district where such is located and the city flood hazard prevention ordinance.

(Zoning Ord. 1999, § 16-6)

(a)

Home occupations shall include any professional and personal services meeting the standards and criteria stated in subsection (d) of this section, but shall not include activities at the premises involving retail and wholesale sales and services, automotive or similar repair businesses, automotive body repair businesses, or other such similar businesses.

(b)

Persons desiring a permit for a home occupation shall make application for the same to the building inspector. The building inspector shall determine whether the home occupation is clearly incidental and subordinate to the dwelling unit, to obtain the exact nature of the home occupation. If such is the case, the applicant shall take the permit form and obtain signatures from at least 51 percent of the property owners living within 200 feet of the proposed home occupation. The building inspector shall determine the authenticity and percentage of signatures. The building inspector shall determine whether the home occupation is clearly incidental and subordinate to the dwelling unit. If such is the case, a permit for same shall be issued by the building inspector. Once said home occupation permit is issued to an applicant, it cannot be transferred to a second applicant through the sale, leasing, or rental of the premises on which said home occupation is located or in any other manner. Such application for a permit shall contain such information as the building inspector may require, but, in any event, shall include the following:

(1)

Name of applicant;

(2)

Location of residence where the home occupation will be conducted;

(3)

Total floor area of the residence;

(4)

Area of room to be utilized in the conduct of the home occupation;

(5)

A sketch with dimension showing the floor plan and the area to be utilized for the conduct of the home occupation; and

(6)

The exact nature of the home occupation.

(c)

Any person may seek revocation of a home occupation permit by making application to the building inspector, who shall cause an investigation to be made to determine whether the permit holder is conducting said home occupation in a lawful manner as prescribed by this section. In the event that the building inspector determines that the permit holder is in violation of the provisions of this section, said permit shall be immediately revoked by the building inspector. The decision of the building inspector shall be subject to appeal to the board of adjustment.

(d)

All home occupations shall comply with the following standards and criteria before permits can be issued:

(1)

The home occupation shall be conducted only within the principal building;

(2)

No more than one additional person other than the residents residing on the premises shall be employed or engaged in said home occupation at the premises;

(3)

There shall be no alteration or change to the outside appearance, character, or use of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign not exceeding one square foot in area, nonilluminated, mounted flat against the wall of the principal building;

(4)

No home occupation shall occupy more space than 20 percent of the total floor area of a residence, exclusive of any open porch, attached garage, or similar space not suited for or intended to be occupied as living quarters; provided, however, that in no event shall such home occupation occupy more than 500 square feet;

(5)

No commodities or goods of any kind shall be sold on the premises, nor displayed on the premises in an area larger than 500 square feet;

(6)

No equipment or process shall be used in such home occupation which creates noise, vibrations, glare, fumes, odors, or electrical interference detectable to the normal senses outside the dwelling unit, nor shall there be any combustible materials located anywhere on the premises which are in violation of the city's fire prevention code. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in live voltage off the premises;

(7)

No articles or materials used in connection with such home occupation shall be stored on the premises other than in the principal building so used;

(8)

No more than one automobile or truck, whose size shall not be larger than a stock one-ton panel or pickup truck used in conjunction with such home occupation shall be permitted to park on the premises in question or off the premises in question and within view from surrounding properties.

(Zoning Ord. 1999, § 16-7)

Dwelling units shall not be permitted in any commercial or industrial district except as otherwise provided for in this chapter.

(Zoning Ord. 1999, § 16-8)

(a)

In all districts, no building or structure except as hereinafter provided shall be erected on a lot or parcel of land which does not abut a public street for the required minimum lot width of the district where such is located. However, a residential dwelling may be erected on a lot or parcel of land which abuts at least one public or private street for at least 50 feet, except that a minimum street abutment distance of at least 25 feet, may apply to properties or an irregular shape bordering curving streets or culs-de-sac, provided that a minimum building line width of 50 feet is met at the required front yard setback line.

(b)

Any building or structure existing on lot or parcel of land in violation of subsection (a) of this section prior to the effective date of the ordinance from which this section is derived may be modified, enlarged, or extended; provided said modification, enlargement, or extension shall not be closer to any property line than the required side yard area applicable to the district within which such building or structure is located.

(Zoning Ord. 1999, § 16-9)

(a)

General. Any lawful use of land or a building existing at the date of passage of the ordinance from which this chapter is derived and located in a district in which it is not permitted under this chapter is hereby declared a nonconforming use, and not in violation of these regulation; provided, however, such nonconforming use shall be subject to the regulations in this article.

(b)

Certificate of occupancy.

(1)

The owner of a nonconforming building or use shall certify by affidavit to the planning and zoning commission that his building or use was made nonconforming by the passage of the ordinance from which this chapter is derived.

(2)

On acceptance of the affidavit, the building inspector shall issue a certificate of occupancy for the nonconforming use or building. Such certificate shall designate the location, nature, and extent of such nonconforming use and any additional date necessary for issuance of said certificate.

(3)

If, upon review of the affidavit, any legally established violation of previous or existing ordinances or codes is found, the building inspector shall not issue any said certificate of occupancy and shall declare such use to be in violation of this chapter and shall act accordingly.

(4)

Any use not in conformance with this chapter and on which no certificate of occupancy has been issued shall be presumed to be in violation of these zoning regulations and shall be treated accordingly.

(c)

Continuation of nonconforming use of land. Any use of land in actual use prior to the passage of this chapter may continue as to its specific use at the time of passage. In addition, any nonconforming use in existence prior to the passage of the ordinance from which this chapter is derived shall not be hindered as to growth, expansion, or sale for same purpose use on properties owned prior to the passage of the ordinance from which this chapter is derived. Additionally, any nonconforming use destroyed by fire, explosion, or act of God, may rebuild to its prior function and continue. Expansion of any nonconforming use must comply, starting with construction, with restrictions as set up by this chapter.

(d)

Change of nonconforming use.

(1)

A nonconforming use may be changed to another similar nonconforming use where, in the opinion of the board of adjustment, such new use:

a.

Will reduce traffic, sound, odor, smoke, or number of employees.

b.

Will improve the character and value of surrounding property.

Such change in use may be permitted only following formal application for change with the board of adjustment. Where proper findings are made, the board of adjustment may direct the building inspector to issue the necessary permits.

(2)

Whenever a nonconforming use has been changed to a conforming use, it shall not revert to a nonconforming use.

(3)

In lieu of such reconstruction, the nonconforming use shall be considered abandoned, and such building shall be permitted to be reconstructed as a permitted use only.

(e)

Discontinuance or abandonment of nonconforming use. Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of two years shall thereafter conform to the provisions of this chapter.

(Zoning Ord. 1999, § 16-10)

(a)

Rules for computing number of parking spaces. In computing the number of parking spaces required for each of the uses herein described, the following rules shall govern:

(1)

The term "floor area" means the gross floor area of the specific use.

(2)

Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

(3)

The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

(4)

Whenever a building or use constructed or established after the effective date of the ordinance from which this chapter is derived is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of the ordinance from which this chapter is derived is enlarged to the extent of 50 percent or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

(5)

In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(b)

Parking requirements based on use. In all districts, there shall be provided at the time any building or structure is erected or structurally altered (except as provided in subsection (a) of this section) off-street parking spaces in accordance with the following requirements:

(1)

Residential use requirements.

a.

Single-family dwellings: two parking spaces per dwelling unit.

b.

Multiple-family dwellings: two parking spaces per dwelling unit.

c.

Manufactured or mobile homes: two parking spaces per dwelling unit.

(2)

Nonresidential use requirements.

a.

Barber and beauty shops: two parking spaces per barber or beauty chair.

b.

Bowling alley: five parking spaces for each alley.

c.

Business or professional office, studio, or bank: three parking spaces, plus one additional parking space for 200 square feet of floor area over 500.

d.

Child day care center: one storage space for loading and unloading children per every three children based on the center's child capacity, plus one parking space for every employee.

e.

Church or other place of worship: one parking space for each four seats in the main auditorium.

f.

Community center, library, museum or art gallery: ten parking spaces, plus one additional space for each 300 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each four seats that it contains.

g.

Dance hall, assembly or exhibition hall without fixed seats: one parking space for each 100 square feet of floor area therefor.

h.

Drive-in banks: eight storage spaces per every teller window designed to serve drive-in patrons to be provided in the approach land to each drive-in window or in a common reservoir storage area, provided it does not interfere with other required off-street parking, plus one parking space per every three employees.

i.

Drive-in cleaners and other similar drive-in facilities not herein specified: three storage spaces for every drive-in window designed to serve drive-in patrons to be provided in the approach lane to each service window or in a common reservoir storage area, provided it does not interfere with other off-street parking, plus one parking space per every three employees.

j.

Furniture and appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop: two parking spaces, plus one additional parking space for each 300 square feet of floor area over 1,000 square feet.

k.

Gasoline service station: two parking spaces per each service stall (a service stall being an area for vehicle maintenance not including washing stalls or areas for pumping gasoline), plus two spaces for employees.

l.

Hospital: four parking spaces, plus one additional parking space for each four beds.

m.

Hotel: one parking space for each two sleeping rooms or suite, plus one space for each 200 square feet of commercial floor area contained therein.

n.

Laundromats and self-service dry cleaning establishments: one parking space per every two washing or dry cleaning machines.

o.

Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop, or similar establishment: one parking space for each two employees on the maximum working shift, plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 600 square feet of floor area.

p.

Medical professional services (medical or dental clinics and offices): one parking space per every 200 square feet of gross floor area.

q.

Mortuary or funeral home: one parking space for each 50 square feet of floor space in slumber rooms, parlors, or individual funeral service rooms.

r.

Motor vehicle salesrooms and used car lots: one parking space for each 800 square feet of sales floor or lot area.

s.

Offices of nonmedical professional services and financial institutions (financial and business offices, banks, offices of lawyers, architects, engineers, etc.): one parking space per every 300 square feet of gross floor area.

t.

Private club, lodge, country club, or golf club: one parking space for each 150 square feet of floor area or for every five members, whichever is greater.

u.

Restaurant, night club, cafe, or similar recreation or amusement establishment: one parking space for each 100 square feet of floor area.

v.

Retail store or personal service establishment, except as otherwise specified herein: one parking space for each 200 square feet of floor area.

w.

Roominghouse or boardinghouse: one parking space for each two sleeping rooms.

x.

Sanitarium, convalescent home, group homes for the elderly, or similar institution: one parking space for each six beds.

y.

School, elementary: one parking space for each ten seats in the auditorium or main assembly room or one space for each classroom, whichever is greater.

z.

School, secondary: one parking space for each eight seats in the main auditorium or three spaces for each classroom, whichever is greater.

aa.

Supermarkets, convenience grocery stores, or self-service food stores containing over 2,500 square feet of gross floor area: one parking space per every 150 square feet of gross floor area.

bb.

Theater, auditorium (except school), sports arena, stadium or gymnasium: one parking space for each four seats or bench seating spaces.

cc.

Tourist home, cabin, or motel: one parking space for each sleeping room or suite.

dd.

Vehicular washing facilities: three storage spaces per every washing stall to be provided in the approach lane to each washing stall.

ee.

Warehousing, manufacturing and industrial concerns with retail business on premises: one parking space per every 300 square feet of gross floor area.

(c)

Location of parking spaces.

(1)

All parking spaces required herein shall be located on the same lot with the building or use served, except as follows:

a.

Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to exceed 500 feet from any other nonresidential building served.

b.

Not more than 50 percent of the parking spaces required for theaters, bowling alleys, dance halls, night clubs or cafes, and not more than 80 percent of the parking spaces required for a church or school auditorium may be provided and used by banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as; provided, however, that written agreement thereto is properly executed and filed as specified in subsection (c)(2) of this section.

(2)

In any case, where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby ensuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the city attorney, and shall be filed with the application for a building permit.

(d)

Minimum dimension for off-street parking.

(1)

Ninety-degree angle parking. Each parking space shall be not less than nine feet wide nor less than 19 feet in length. Maneuvering space shall be in addition to parking space and shall be not less than 24 feet perpendicular to the building or parking line.

(2)

Sixty-degree angle parking. Each parking space shall be not less than ten feet wide perpendicular to the parking angle nor less than 19 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than 22 feet perpendicular to the building or parking line.

(3)

Forty-five degree angle parking. Each parking space shall be not less than ten feet wide perpendicular to the parking angle nor less than 19 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than 20 feet perpendicular to the building or parking line.

(4)

Alley parking. When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement.

(5)

Additional parking space. Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required, they shall comply with the minimum requirements for parking and maneuvering space herein specified.

(e)

Off-street loading space. Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements:

(1)

In Districts LI and GI, one loading space for each 10,000 feet or fraction thereof of floor area in the building.

(2)

In District B-2, one loading space for the first 5,000 to 15,000 square feet of floor area in the building and one additional loading space for each 15,000 square feet, or fraction thereof, of floor area in excess of 15,000 square feet.

(3)

Each required loading space shall have a minimum area of at least 50 feet in depth, 12 feet in width and with an overhead clearance of not less than 14 feet, exclusive of access, platform, or maneuvering area to be used exclusively for loading or unloading of merchandise.

(Zoning Ord. 1999, § 16-11)

The following regulations shall apply to all residential districts established within this chapter and designated upon the zoning map of the city:

(1)

Motor vehicles prohibited or restricted in residential districts.

a.

It is unlawful for any owner, agent, operator, or person in charge of any vehicle, including school buses, pole trailer, semitrailer, trailer, trailer coach (trailer house), truck over one-ton-rated capacity, or truck tractor, to park, store, or keep such motor vehicles on any public street, avenue, alley, or other thoroughfare or any right-of-way therewith within any residential district in the city.

b.

It is unlawful for any owner of property in any residential district in the city to park on, cause to be parked on, or allow to be parked on his residential property or in the public streets, alleys, or parkways abutting his property, any vehicle including school buses, pole trailer, semitrailer, trailer, trailer coach (trailer house) truck over one-ton-rated capacity, or truck tractor.

(2)

Delivery; moving and construction vehicles; emergency repairs. The restriction of three hours in a residential district shall not apply to routine deliveries and service calls by tradesmen, to disabled vehicles, or to the temporary parking of vehicles on private property whereon construction is underway for which a current and valid building permit has been issued.

(3)

Permitted parking. Boats or other recreational vehicles as defined in this chapter may be parked on a plot in a residential district subject to the restrictions and conditions as follows:

a.

One boat including its trailer; and one other recreational vehicle, but not more than one of each.

b.

Boats or other recreational vehicles described in subsection (3)a of this section shall not be permitted to park within the area lying between a public or private street and a line drawn past the front of the structure, extending the width of the lot; however, such vehicles may be permitted to locate within the side or rear yard area, provided that it is effectively screened against direct view from abutting properties.

c.

No boat or other recreational vehicle described in subsection (3)a of this section, parked in a residential district shall be occupied or used for living, sleeping or housekeeping purposes.

(Zoning Ord. 1999, § 16-12)

The principal structure on any lot or parcel of land shall be erected within the area bounded by the building lines established by setback or yard requirements. Accessory structures may be erected within any building line established for the principal structure and in required rear yards as may be otherwise provided in these regulations.

(Zoning Ord. 1999, § 16-13)

Permits for either the construction of buildings or for the use of land or buildings which have been issued prior to the adoption of the ordinance from which this chapter is derived and which are in violation with the regulations of this chapter shall be declared void unless evidence is shown to establish that substantial expenditures have been made either for the preparation of plans for construction or for preliminary planning. Investment in real property shall not be construed as an expenditure towards construction. Unless actual construction work, including grading and excavation, is underway within six months after the adoption of the ordinance from which this chapter is derived, such permit shall become void.

(Zoning Ord. 1999, § 16-14)