For the purpose of this Zoning Code, certain terms and words are defined as follows. (Ord. 472. Passed 11-24-25.)

   Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot" and the word "building" includes the word "structure".

(Ord. 472. Passed 11-24-25.)

   "Accessory use or building" means a use or building customarily incident to and located on the same lot with another use or building.

(Ord. 472. Passed 11-24-25.)

   (EDITOR’S NOTE: Former Section 1121.04 was repealed by Ordinance 2009-08, passed January 30, 2009.)

   (EDITOR’S NOTE: Former Section 1121.05 was repealed by Ordinance 2009-08, passed January 30, 2009.)

   (EDITOR’S NOTE: Former Section 1121.06 was repealed by Ordinance 2009-08, passed January 30, 2009.)

   "Established grade" means the elevation of the street curb as fixed by Municipal ordinance. (Ord. 472. Passed 11-24-25.)

   "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the building.

(Ord. 472. Passed 11-24-25.)

   "Height of a building" means the vertical distance measured at the center line of its principal front from the established grade or from the natural grade, if higher than the established grade, to the level of the highest point in the coping of flat roofs or to the deck line of mansard roof or to the mean height of the highest gable of a pitched roof or to half the height of a hipped roof. Where no roof beams exist or there are structures wholly or partly above the roof the height shall be measured to the level of the highest point of the building. (Ord. 472. Passed 11-24-25.)

   "Least dimension of a yard" means the least of the horizontal dimensions of such yard. If two opposite sides of a yard are not parallel, the horizontal dimensions between them shall be deemed to be the mean distance between them.

(Ord. 472. Passed 11-24-25.)

   "Lot" means a parcel of land occupied by one building and the accessory buildings or uses customarily incident to it including such open spaces as are required by this Zoning Code and such open spaces are arranged and designed to be used in connection with such building. (Ord. 472. Passed 11-24-25.)

   "Corner lot" means a lot at the point of intersection of and abutting on two intersecting streets. (Ord. 1295. Passed 11-13-44.)

   "Side line of a corner lot" means the line lying along the narrower or less important street unless the lot is a sublot in a recorded subdivision and is clearly intended to front on the narrower street.

(Ord. 1295. Passed 11-13-44.)

   "Nonconforming use" means one that does not comply with the regulations of the use district in which it is situated.

(Ord. 472. Passed 11-24-25.)

   "Public notice" of a public hearing or other public proceeding means twenty-five days notice of the time, place and purpose of such hearing, except for hearings regarding legislation enacting or amending zoning ordinance wherein the period is set by Charter.

(Ord. 1989-21. Passed 7-11-89.)

   "Street" includes a road, a boulevard, a highway, a lane, an alley, a thoroughfare, a proposed street, road or highway indicated and shown on the Zoning Map, and any proposed street, road or highway indicated or described in any instrument of conveyance, easement or right of way, and any street, road or highway shown on any proposed allotment or plot.

(Ord. 1295. Passed 11-13-44.)

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

(Ord. 472. Passed 11-24-25.)

   "Front yard" means an open, unoccupied space on the same lot with a building between the front line of the building and the street line of the lot.

(Ord. 472. Passed 11-24-25.)

   "Rear yard" means an open, unoccupied space on the same lot with a building between the rear line of the building and the rear line of the lot.

(Ord. 472. Passed 11-24-25.)

   "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. 472. Passed 11-24-25.)

   "Zoning Code" means Titles Five through Thirteen, inclusive, of this Planning and Zoning Code. (Ord. 1958-25. Passed 5-27-58.)

   Whenever used in this Zoning Code, the terms "restaurant", "lounge", "eating place", or "dining place", shall refer to their normal and common meaning as a business or establishment where either food or beverage (including, but not limited to, alcoholic beverages) are served but shall not include any business or establishment where any waiter, waitress, entertainer, server or employee either:

   In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. The lot or yard areas required by this 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 Zoning Code shall not be diminished below the requirements herein provided for buildings hereafter erected and such required areas shall not be included as a part of the required areas of any building hereafter erected. This Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, nor shall this Zoning Code interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon the height or size 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 by such easements, covenants or agreements, the provisions of this Zoning Code shall control.

(Ord. 472. Passed 11-24-25.)

   Council may, from time to time, on its own motion or on 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. Any such amendment that has failed to receive the approval of the Planning Commission shall not be passed by Council except by the affirmative vote of at least five members of Council. If a protest against such amendment is presented duly signed and acknowledged by the owners of twenty percent of the land within such area proposed to be altered, such amendment shall not be passed except by a three-fourths vote of Council. If 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 the twenty percent of the land adjacent to and within 200 feet from such area proposed to be transferred and within a more restricted use, height or area district than the district in which such area is proposed to be transferred, such amendment shall not be passed except by a three-fourths vote of Council. Whenever the owners of fifty percent 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. 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 Zoning Code with regard to buildings or premises existing at the time of the passage of this Zoning Code shall apply to buildings or premises existing in such transferred area at the time of the passage of such amendment.

(Ord. 472. Passed 11-24-25.)

   Council shall be notified of all requests for amendments to the Zoning Code or for rezoning of property where submitted to the Planning Commission unless such request has been referred to the Commission by Council. The notice shall be sent to each Councilman, by letter from the Clerk of the Commission, immediately upon receipt of a request from a proposed developer to have a proposal placed on the agenda of the Commission. Each notice shall indicate the name of the proponent of the request, the date the request was received, and the date of the meeting of the Commission when the proposal will be presented.

(Ord. 1973-11. Passed 4-10-73.)

   This Zoning Code shall be enforced by the Inspector of Buildings under the rules and regulations of the Board of Zoning Appeals.

(Ord. 1800. Passed 1-24-56.)

(Charter, Art. IV, Section 6; Ord. 1980-2. Passed 2-12-80.)

   The Inspector of Buildings shall refuse to issue permits if the application therefor is not in compliance with all applicable ordinances or the proposed building or structures, use or change of use would create hazards from fire or disease or would menace public health, safety, morals or general welfare. In each case where a permit has been applied for, the applicant shall immediately cause a notice, the form of which will be provided by the Inspector, to be posted on the premises to be built upon, stating that a permit to build has been applied for, giving its number, the date of application and stating that the plans and specifications are on file and may be inspected at the City Hall. Said notice shall remain posted on the property until a building permit has been granted or refused. No person, firm or corporation shall, prior to the effective date of such permit, proceed with any construction upon the property for which the permit has been issued. Any such construction prior to such effective date shall constitute a violation of this Zoning Code to the same extent as though no permit had been issued. Any decision of the Inspector made in the enforcement of this Zoning Code, whether in the granting or refusing of any permit thereunder, shall be filed forthwith with the Clerk of the Board of Zoning Appeals in such form as the Board of Zoning Appeals shall require.

(Ord. 1994-35. Passed 6-14-94.)

   Any decision of the Inspector of Buildings made in the enforcement of this Zoning Code may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by such decisions, or in given cases the Board of Zoning Appeals may, on its own motion, order the Inspector to certify to it for review his records and findings relative to any permit issued or decision made by him. Any such appeal or order to certify shall be taken within ten days from the date of the filing of such decision with the Clerk of the Board of Zoning Appeals, and the decision of the Board shall have the same force and effect as in the case of appeals taken to the Board by persons claiming to be adversely affected by the decision of the Inspector. During the pendency of any appeal, the action of the Inspector which has been appealed from shall be held in abeyance during the pendency of the proceeding in appeal. On appeal as herein provided, the Board of Zoning Appeals shall examine the facts of each case fully, shall hear all persons desiring to be heard and claiming to be affected by the decision appealed from and shall issue, modify or refuse the permit, or affirm, refuse or modify the decision of the Inspector in conformity with the provisions of this Zoning Code and the laws of the State.

(Ord. 1800. Passed 1-24-56.)

   (a)   The provisions of the Building Code relating to the issuing of permits are hereby modified to conform to the provisions of this Zoning Code. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, and any persons, property or the inhabitants of the Municipality are affected, the Board of Zoning Appeals shall have power in specific cases to vary any such provisions in harmony with its general purposes and the intent of this Zoning Code so that the public health, safety, morals and general welfare may be secured and substantial justice done.

   (b)   No order of the Board of Zoning Appeals granting a variance shall be valid for a period longer than 270 days from the date of such order unless the building permit or final approval is obtained within such period, and the erection or alteration of a building is started or the use is commenced within such period. (Ord. 1996-28. Passed 9-10-96.)

   Any appeal from the decision of the Inspector of Buildings to the Board of Zoning Appeals shall be accompanied by a fee of ten dollars ($10.00).

(Ord. 1968-22. Passed 5-28-68.)

   (a)   Except as otherwise provided herein, at least five days prior to the day of a Board of Zoning Appeals meeting, any applicant who requests to be placed on the Board’s agenda shall file an application with the Clerk of the Board. Such application shall be in writing stating the relief sought and shall be accompanied by all data, drawings and information otherwise required by these ordinances. For good and sufficient reason, the Board may by the affirmative vote of four members waive this five-day filing requirement.

   (b)   The Clerk of the Board shall send, by personal delivery or regular mail, a copy of the agenda for a meeting of the Board to those residences contiguous to and directly across the street from the parcel or parcels for which an application has been properly filed with the Clerk and has been placed on the Board’s agenda for a specific meeting.

   (c)   No action of the Board of Zoning Appeals shall be overturned for a failure to provide notice under this section. (Ord. 1992-36. Passed 4-13-93.)

   The owner or owners of any building or premises or part thereof where anything in violation of this Zoning Code shall be placed or shall exist; 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 any of the provisions of this Zoning Code or fail to comply therewith, or any requirements thereof, or who shall build in violation of any detailed statement of plans submitted and approved thereunder, shall for each and every violation or noncompliance be fined not more than five hundred dollars ($500.00). Each day such violation is continued shall constitute a separate offense. (Ord. 472. Passed 11-24-25.)