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 street means and applies to those streets which connect to townhouse subdivisions with other streets not included in the subdivision.

Accessory use of buildings means an accessory use or building is a use or building customarily incidental to, and accessory to the principal and ordinary use of a building, or premises, located on the same premises with such principal use or building.

Agricultural means use of the land for such purposes as farming, dairying, pasturage, grazing, animal and poultry husbandry, silviculture, and removal of forest products, floraculture and horticulture.

Apartment house. See Multiple dwelling.

Boardinghouse means a building, other than a hotel or club, where meals are regularly served for compensation to more than six persons not members of the family there residing.

Building means a structure having a roof supported by walls, and, when separated by a party wall without openings, it shall be deemed a separate building. The term "building" includes the term "structure"; the term "used" includes the term "arranged" or "intended to be used" or "designed."

Common open space means parcel or parcels of land with improvements which are shared by the owners and occupants of the building sites in the planned unit development.

Community garage means a series of private garages of capacity of not more than one automobile each, located jointly on a common lot, and having no public shop or service in connection therewith.

Conditional use means a use permitted as or a use which is specifically listed as a conditional use within a district, provided the additional conditions specified in the district regulations for the use are met.

Conforming use means any use allowed by the regulations of the district as a permitted use, conditional use or special exception.

District means a section of the city for which the regulations governing the area, height, and use of buildings and premises are the same.

Dwelling, multiple, means a building, or portion thereof, designed for, or occupied as the home of three or more families living independently of each other, including tenement house, apartment houses, apartment hotels.

Dwelling, one-family, means a detached building designed for, or occupied exclusively by one family.

Dwelling, two-family, means a building, or portion thereof, designed for, or occupied as the home of two or more families living independently of each other, including tenement house, apartment houses, apartment hotels.

Family means one or more persons, living, sleeping, and usually cooking and eating on the premises, as a single housekeeping unit.

Feed lot means an animal enclosure where the land is not grazed or cropped, either a secondary or an accessory use to an agricultural operation or a primary use as in a commercial feed lot.

Filling station means a building and appurtenances located on a lot where gasoline, or and other liquids used in the operation of motor vehicles, are retailed and usually delivered directly into such vehicles.

Floor area means the sum of the areas of the several occupied floors of a building, measured from the exterior walls or centerline of walls separating buildings.

Front yard means an open space extending across the front of the lot from the front line of the building proper to the street line, and occupied only by uncovered steps and open porches.

Gross area per acreage means and applies to the overall total area of the townhouse subdivision site exclusive of deductions.

Height of building means the vertical distance from the ground in front of the building to the highest point of the coping of a flat roof, to the deck line of a mansard roof; to the junction of the wall and the eaves of a building with a gable or hip roof.

Home-based occupation means a business operated or based out of a residential dwelling, located in residential-zoned district, in which the proprietor of the business and the property must be one in the same.

Hotel means a building in which lodging is provided with or without meals, and open to transient guests.

Industry means the manufacture, storage, extraction, fabricating, processing, reduction, destruction, conversion or wholesaling of any article, substance or commodity or any treatment thereof in such a manner as to change the form, character or appearance thereof.

Interior street means streets within a townhouse subdivision and serving only a limited area within the subdivision.

Lodginghouse means a building, other than a hotel, where lodging is provided for six, or more, persons not members of the family.

Lot means the land bounded by definite lines, and occupied by a building and its accessory buildings, and including the open spaces required under these regulations. The term "lot" may or may not be a definite parcel as shown on the recorded plat.

Mobile home means any residential structure larger than 256 square feet in area which is either wholly or in substantial part manufactured at an off-site location; any movable or portable residential structure over 32 feet in length and over eight feet wide, constructed to be towed on its own chassis and designed without a permanent foundation for year-round occupancy, which includes one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two or more units separately towable, but designed to be joined into one integral unit, as well as a portable residential structure composed of a single unit. Mobile homes shall meet current structural codes (American National Standards Institute) and fire codes (National Fire Protection Association 501B) as adopted by the state.

Modular dwelling means a detached one-family dwelling with all of the following design characteristics:

(1)

For long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;

(2)

Transportable on temporary wheels, a flatbed, or other type of trailer;

(3)

Without a permanent frame or undercarriage so as to be placed on a permanent foundation necessary for occupancy;

(4)

Factory construction meets or exceeds uniform building codes; and

(5)

Eligible for long-term amortized mortgage financing of 15 years or more.

Nonconforming use means a use of a building or premises that does not conform with the regulations of the district in which it is situated.

Open space applies to lands designated to be used for recreation area, park, play lot area and plaza or ornamental areas; in townhouse subdivisions the required open space shall be accessible common area.

Parking space means a land area of not less than 180 square feet exclusive of driveways and aisles usable for the parking of a motor vehicle and so located to be readily accessible to a public street or alley.

Planned unit development means a land development project consisting of residential clusters, commercial, recreational and common open space elements; a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in a common ownership or use.

Private garage means a garage with capacity of not more than four motor-driven vehicles and having no public shop or service in connection therewith.

Public garage means any premises used for housing or care of more than four motor-driven vehicles, or, where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale, not including show rooms or exhibition for model cars.

Rear yard means an open unoccupied space between the rear line of a building and the rear lot line, for the full width of the lot, and unoccupied except by accessory buildings.

Setback means the shortest distance between the lot line and the foundation wall or main frame of the building. An imaginary line establishing the minimum distance that structures may be located from lot lines and street rights-of-way.

Side yard means an open, unoccupied space on the same lot with a building, between the building and the side line of the lot, and extending through from the front yard to the rear yard.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders; excepting such alterations as may be required for the safety of the building.

Use means the purpose for which land or a building structure thereon is designated, arranged, intended or maintained or for which it is or may be occupied or used.

Variance means a relaxation of specific provisions of this chapter when a literal enforcement of this chapter would result in unnecessary or undue hardship.

(Code 1955, § 21-1; Ord. No. 653, § 9, 8-5-1953; Ord. No. 813, § 5, 8-3-1981; Ord. No. 975, § 1, 5-3-2021)

(a)

A board of adjustment is hereby established as provided by statute. It shall consist of five members appointed by the mayor, subject to the confirmation of the city council, for terms of three years. It shall hold its meetings in the council chamber in the city hall and the presence of three members shall be necessary to constitute a quorum. The board shall adopt rules and regulations in accordance with the provisions of any ordinance adopted by the city and statutes of the state. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine. Such chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

(b)

The powers of the board of adjustment are as follows:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the city in the enforcement of the zoning ordinances.

(2)

To hear and decide special exceptions to the terms of the zoning chapter upon which this board is required to pass under the chapter.

(3)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest.

(4)

In exercising the above-mentioned powers, the board may, in conformity with the provisions of this part, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such other order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The board of adjustment shall not, however, have any authority to amend or change the boundaries of any zoning district previously zoned by the city. Said changes in the boundaries of said zoning districts may be made only by the city council.

(c)

In exercising its duties and powers, the chairman of the board of adjustment shall have the power to call on any and all other city departments for assistance in the performance of his duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required.

(d)

No variance from the terms of the zoning chapter shall be granted by the board of adjustment unless and until:

(1)

A written application for a variance, which must be accompanied by a fee of in the amount established by resolution, is submitted demonstrating:

a.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

b.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

c.

That the special conditions and circumstances do not result from the action of the applicant;

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district. Neither the nonconforming use of neighboring lands, structures, or buildings in the same district, nor the permitted or nonconforming use of lands, structures, or buildings in other districts are grounds for the issuance of a variance.

(2)

Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which variance is sought or his agent shall be notified of the hearing by mail. Notice of such hearing shall be published in a newspaper of general circulation within the zoning jurisdiction at least 15 days prior to the public hearing.

(3)

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

(4)

Before granting a variance, the board of adjustment shall make findings that the requirements of the zoning chapter have been met by the applicant.

(5)

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(6)

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under the terms of this chapter.

(e)

The jurisdictional area of the board of adjustment shall be the city and any area contiguous to the city wherein the city council has exercised its zoning and subdivision regulations.

(f)

All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record maintained in the office of the city clerk-treasurer.

(g)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof.

(h)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official; to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance; or to effect any variation in such ordinance.

(i)

The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed was taken.

(j)

An appeal stays all proceedings in furtherance of the action appealed unless the administrative official, or another party to the decision being appealed, presents written facts that a stay will cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(k)

Any person, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, board or bureau of the municipality may appeal a decision of the board of adjustment to any court of record by presentation of a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board of adjustment. Said procedure shall be set forth in the state statutes.

(l)

In every case where a variance is either granted or revoked by the board of adjustment, it must be affirmatively shown that an unnecessary hardship or practical difficulty exists, and the records of such board shall clearly indicate in what particular and specific respects an unnecessary hardship or practical difficulty would be created, and the records of said board shall clearly indicate that such action is taken in conformity with all other ordinances and regulations of the city and statutes of the state.

(Code 1955, § 21-14; Ord. No. 653, § 13, 8-5-1953; Ord. No. 813, § 11, 8-3-1981; Ord. No. 815, § 4, 3-15-1982; Ord. No. 842, § 1, 1-6-1986; Ord. No. 894, § 15, 12-19-1994; Ord. No. 945, § 1, 4-18-2011)

Any person owning, controlling or managing any building or premises wherein or whereon there shall be placed, or there exists anything in violation of the provisions of this chapter; or, any person who shall assist in the commission of any violation of these provisions, or who shall build contrary to the plans and specifications submitted to, and approved by, the building inspector; or, any person who shall omit, neglect or refuse to do any act required in these provisions, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $25.00, nor more than $300.00 for each offense, and shall be imprisoned until such fine be paid, but not exceeding 50 days. Each day that a violation is permitted to exist shall constitute a separate offense. In the case of any building or construction activity, or omission related to a building or construction activity that is proceeding, or will results, in violation of these provisions, the building official or city representative designated by the mayor, public works director or appropriate designee shall issue a notice of violation. The notice shall describe the violation and the date by which the violation must be remedied and when a stop work order will be issued if the violation is not remedied. The notice of violation may be delivered in the person to personnel on the job site or sent U.S. mail to the property owner. If the violations are not remedied the building official or city representative designated by the mayor, public works director or designee may issue and affix a stop work order in a prominent location on the premises where the violation exists. The stop work order shall include a statement that all work on the premises must cease immediately, until the stop work order is lifted in writing. Upon substantial evidence that the violation has been removed or otherwise corrected, the public works director or building official or city representative designated by the mayor shall lift the stop work order.

(Code 1955, § 21-15; Ord. No. 653, § 14, 8-5-1953)

(a)

If on any inspection, the condition of a building or premises, or its use or occupancy is found not to conform to the requirements of this chapter, or the conditions of an existing certificate therefor, the building inspector shall at once issue written notice to the owner, specifying the manner in which the buildings or premises, or its use or occupancy, fails to so conform, and the owner shall at once take steps to make it so conform, as directed by the building inspector; and, if it is necessary for the proper protection of the occupants, he shall order the use or premises vacated until its condition is made satisfactory and in conformity with the requirements of this chapter, at which time a certificate will be issued as herein provided for new buildings, or for the use of premises.

(b)

In the case of any building or construction activity, or omission related to a building or construction activity that is proceeding, or will result in, violation of these provisions, the building official or city representative designated by the mayor, public works director or appropriate designee shall issue a notice of violation. The notice shall describe the violation and the date by which the violation must be remedied and when a stop work order will be issued if the violation is not remedied. The notice of violation may be delivered in person to personnel on the job site or sent via U.S. mail to the property owner. If the violations are not remedied the building official or city representative designated by the mayor, public works director or designee may issue and affix a stop work order in a prominent location on the premises where the violation exists. The stop work order shall include a statement that all work on the premises must cease immediately, until the stop work order is lifted in writing. Upon substantial evidence that the violation has been removed or otherwise corrected the public works director or building official or city representative designated by the mayor shall lift the stop work order.

(Code 1955, § 21-16; Ord. No. 653, § 15, 8-5-1953)

(a)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare.

(b)

It is not intended by this chapter to interfere with, or abrogate or annul rules or permits previously adopted or issued according to the law relating to the use of buildings or premises, not to interfere with, abrogate or annul any easement, covenants, or agreements between parties; provided, however, that where this chapter imposes greater restrictions as to use, or requires larger open spaces or less height, than are required by such rules or permits or by easements, covenants or agreements, the provisions of this chapter shall control.

(Code 1955, § 21-17; Ord. No. 653, § 15, 8-5-1953)

(a)

The lawful use of land, existing at the time of the adoption of the ordinance from which this chapter is derived, although such use does not conform to the provisions hereof may be continued, but, if such nonconforming use is discontinued for a period of two years, any future use of the premises shall be in conformity with the provisions of this article.

(b)

The lawful use of a building existing at the time of the adoption of the ordinance from which this chapter is derived, may be continued although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no structural alterations, except those required by ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a higher classification. If a nonconforming use of a building is discontinued for a period of two years, any future use of such structure shall be in conformity with the provisions of this chapter.

(c)

When a district shall hereafter be changed, any then-existing nonconforming use in such changed district may be continued, or changed to any use permitted in the same district as that in which the existing use is permitted, provided that all other regulations governing the new use are complied with.

(d)

This chapter shall not apply to existing structures, nor to the existing use of any buildings, but shall apply to any alteration of a building to provide for its use for a purpose, or in any manner, different from the use to which it was put before alteration, provided that this article shall not be construed to prevent the restoration of a building damaged not more than 50 percent of its valuation, by fire, explosion, act of God, or the public enemy, or prevent the continuance of the use of such building, or part thereof, as such use existed at the time of such damage, provided that such restoration shall be begun, and diligently pursued, within one year; nor shall the same be construed to prevent a change of such existing use under higher classification as herein provided. No building which has been damaged as above provided, to the extent of more than 50 percent of its valuation, shall be rebuilt or repaired, except in conformity with the regulations contained in this chapter.

(e)

When the boundary line of any district divides a plot or area in single ownership at the time of the adoption of the ordinance from which this chapter is derived, nothing herein shall be construed to prevent the extension of the use existing on either portion of such parcel of land for a distance of not greater than 25 feet.

(f)

The board of adjustment may authorize in a residential district for a period of not more than two years from the date of such permit, a temporary building for commerce or industry incidental to the residential development; provided, however, that such permit shall not be renewed.

(g)

The board of adjustment may grant a permit for the enlargement of an existing building, or erection, on the same lot or plot of ground, of additional buildings for trade, business, or industry located in a district restricted against its use, where such enlargement or expansion of facilities will not be detrimental to, or tend to alter, the character of the neighborhood.

(h)

Any structure vacant at the time of the adoption of the ordinance from which this chapter is derived shall be classified as to use in accordance with its previous use, arrangement, design or intended use.

(Code 1955, § 21-8; Ord. No. 653, § 6, 8-5-1953)