- GENERAL PROVISIONS
Any building, structure or use of land existing at the time of the enactment of this ordinance or any amendment thereto that does not conform to the requirements of the district in which it is located may be continued and maintained subject to the following provisions. They shall not be:
61.1 Changed to another nonconforming use.
61.2 Enlarged or extended except in conformity with this ordinance.
61.3 Reestablished after discontinuance for one year.
61.4 However, a nonconforming building which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the same nonconforming use, provided that: (1) The reconstructed building shall not exceed in height, area and volume the building destroyed; (2) Building reconstruction shall be started one year from date the building was destroyed and shall be carried on without interruption.
61.5 Nevertheless, the erection of a single-family dwelling shall be permitted on any lot of record which contains an area or width less than that required for a single-family dwelling in the district in which such lot is located. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership on the effective date of this ordinance. Nothing herein shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, where official approval and required building permits were granted before the enactment of this ordinance.
Off-street automobile parking or storage space shall be provided on every lot on which any of the following uses are hereafter established in all districts except the C-1 central business district; or provided that where no parking space can reasonably be provided on the same lot, such space shall be provided on any lot a substantial portion of which is within 400 feet of such uses. No certificate of occupancy will be issued upon completion of any building or group of buildings unless and until all off-street parking and loading requirements, shown upon the plans or made part of the building permit shall be in place and ready for use. The required parking space for any number of separate uses may be combined in one lot. However, when separate uses served by one lot include a church, theater, an assembly hall, whose peak attendance will be at night or Sunday, one-half of the required parking space for such use may be allocated to the other separate uses for computation of the total parking space requirement. Each automobile parking space shall be not less than 200 square feet in area, exclusive of adequate access drives and maneuvering space, and only those areas exclusively designed and designated as parking spaces, and the immediate access thereto, may be counted, and in no case shall areas that are inaccessible because of size, topography or utilization for purposes other than parking, be considered in the calculation of square footage for parking. Such space shall be provided with vehicular access to a street or alley; such use shall not thereafter be encroached upon or altered and shall be equal in number to at least the minimum requirements for the specific use set forth as follows:
(Ord. of 6-23-1992, § 4)
Every building or structure hereafter erected for commercial, industrial or institutional uses requiring the receipt or distribution by vehicles of materials and merchandise shall provide space as indicated below for the loading and unloading of vehicles off the street or public alley:
63.1 Every hospital, institution, hotel, single occupancy commercial or industrial building or similar use having a floor area in excess of 10,000 square feet shall have at least one permanently maintained off-street loading space for the first 10,000 square feet and one additional space for each 20,000 square feet of gross floor area or fraction thereof, over and above the first 10,000 square feet.
63.2 Single occupancy retail operations, wholesale and industrial operations with a gross floor area of less than 10,000 square feet shall provide sufficient receiving space on the property so as not to hinder the free movement of vehicles and pedestrians over a sidewalk, street or alley.
63.3 Each space shall have direct access to an alley or street and shall have minimum dimensions of 12 feet by 50 feet, exclusive of adequate access drives and maneuvering space, and an overhead clearance of 14 feet.
Nothing in this section shall prevent the collective, joint, or combined provision of off-street loading facilities for two or more buildings or uses, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are so located and arranged as to be usable thereby.
The establishment and operation of a restricted parking area may be authorized in such parts of any residential district if abutting, either directly or across an alley or street, a commercial or industrial district, subject to the following conditions and requirements:
64.1 The parking lot shall be accessory to and for use in connection with one or more business or industrial establishments located in an adjoining commercial or industrial district.
64.2 Such parking lot shall be situated on premises which have an area of not less than 6,000 square feet, and shall be at least 50 feet either contiguous to or across an alley or street from a commercial or industrial district.
64.3 Such parking lot shall be used solely for the parking of passenger vehicles.
64.4 No commercial repair work or service of any kind shall be conducted on such parking lot.
64.5 No sign of any kind, other than those designating entrances, exits and conditions of use, shall be maintained on such parking lot.
64.6 No charge shall be made for parking in such parking lot.
64.7 Each entrance and exit to and from such parking lot shall be at least 20 feet distant from any adjacent property located in any residential district.
64.8 The location and design of entrances, exits, surfacing, marking, and lighting shall be subject to the approval of the city department having jurisdiction.
64.9 Such parking lot shall be paved with a dust-free surface.
64.10 Such parking lot shall have all spaces adequately marked with paint lines, curb stones, or other similar designations.
64.11 Such parking lot shall be permanently maintained by the owners or the occupants for their invitees and/or licensees so long as the use exists.
64.12 Any person desiring to secure permission to establish and maintain a restricted commercial or industrial parking lot within the meaning of this section shall make application to the building inspector, accompanied by a plan which clearly indicates the proposed development, including the location, size, shape, design, landscaping, curb cuts, and other features and appurtenances of the parking lot.
64.13 Before making his final determination, the building inspector shall refer the said application to the planning commission for its recommendations. If the building inspector approves the aforesaid application, a permit shall be issued subject to the foregoing requirements.
64.14 Any such permit issued by the building inspector shall be revoked any time whenever the aforementioned requirements are not complied with.
The following requirements shall apply to home occupations in addition to all other applicable requirements of this ordinance for the residential district in which such uses are located.
65.1 No accessory buildings or outside storage shall be used in connection with the home occupation.
65.2 No internal or external alterations inconsistent with the residential use of the building may be permitted.
65.3 Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the customary home occupations.
65.4 No machinery that causes noise or other interferences in radio and/or television reception shall be allowed.
65.5 No chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment shall be used primarily for commercial purposes, with the exception of medical and dental equipment used for professional purposes.
65.6 Instruction in music, dance, arts, and crafts, and similar subjects shall be limited to two students at one time.
In the event of changes in city limits removing territory from the city, district boundaries shall be construed as moving with city limits. In the event of annexation of new areas to the city, such areas shall be considered to be in the A-1 district until otherwise classified.
- GENERAL PROVISIONS
Any building, structure or use of land existing at the time of the enactment of this ordinance or any amendment thereto that does not conform to the requirements of the district in which it is located may be continued and maintained subject to the following provisions. They shall not be:
61.1 Changed to another nonconforming use.
61.2 Enlarged or extended except in conformity with this ordinance.
61.3 Reestablished after discontinuance for one year.
61.4 However, a nonconforming building which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the same nonconforming use, provided that: (1) The reconstructed building shall not exceed in height, area and volume the building destroyed; (2) Building reconstruction shall be started one year from date the building was destroyed and shall be carried on without interruption.
61.5 Nevertheless, the erection of a single-family dwelling shall be permitted on any lot of record which contains an area or width less than that required for a single-family dwelling in the district in which such lot is located. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership on the effective date of this ordinance. Nothing herein shall be construed to require any change in the overall plans, construction, or designated use of any development, structure, or part thereof, where official approval and required building permits were granted before the enactment of this ordinance.
Off-street automobile parking or storage space shall be provided on every lot on which any of the following uses are hereafter established in all districts except the C-1 central business district; or provided that where no parking space can reasonably be provided on the same lot, such space shall be provided on any lot a substantial portion of which is within 400 feet of such uses. No certificate of occupancy will be issued upon completion of any building or group of buildings unless and until all off-street parking and loading requirements, shown upon the plans or made part of the building permit shall be in place and ready for use. The required parking space for any number of separate uses may be combined in one lot. However, when separate uses served by one lot include a church, theater, an assembly hall, whose peak attendance will be at night or Sunday, one-half of the required parking space for such use may be allocated to the other separate uses for computation of the total parking space requirement. Each automobile parking space shall be not less than 200 square feet in area, exclusive of adequate access drives and maneuvering space, and only those areas exclusively designed and designated as parking spaces, and the immediate access thereto, may be counted, and in no case shall areas that are inaccessible because of size, topography or utilization for purposes other than parking, be considered in the calculation of square footage for parking. Such space shall be provided with vehicular access to a street or alley; such use shall not thereafter be encroached upon or altered and shall be equal in number to at least the minimum requirements for the specific use set forth as follows:
(Ord. of 6-23-1992, § 4)
Every building or structure hereafter erected for commercial, industrial or institutional uses requiring the receipt or distribution by vehicles of materials and merchandise shall provide space as indicated below for the loading and unloading of vehicles off the street or public alley:
63.1 Every hospital, institution, hotel, single occupancy commercial or industrial building or similar use having a floor area in excess of 10,000 square feet shall have at least one permanently maintained off-street loading space for the first 10,000 square feet and one additional space for each 20,000 square feet of gross floor area or fraction thereof, over and above the first 10,000 square feet.
63.2 Single occupancy retail operations, wholesale and industrial operations with a gross floor area of less than 10,000 square feet shall provide sufficient receiving space on the property so as not to hinder the free movement of vehicles and pedestrians over a sidewalk, street or alley.
63.3 Each space shall have direct access to an alley or street and shall have minimum dimensions of 12 feet by 50 feet, exclusive of adequate access drives and maneuvering space, and an overhead clearance of 14 feet.
Nothing in this section shall prevent the collective, joint, or combined provision of off-street loading facilities for two or more buildings or uses, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are so located and arranged as to be usable thereby.
The establishment and operation of a restricted parking area may be authorized in such parts of any residential district if abutting, either directly or across an alley or street, a commercial or industrial district, subject to the following conditions and requirements:
64.1 The parking lot shall be accessory to and for use in connection with one or more business or industrial establishments located in an adjoining commercial or industrial district.
64.2 Such parking lot shall be situated on premises which have an area of not less than 6,000 square feet, and shall be at least 50 feet either contiguous to or across an alley or street from a commercial or industrial district.
64.3 Such parking lot shall be used solely for the parking of passenger vehicles.
64.4 No commercial repair work or service of any kind shall be conducted on such parking lot.
64.5 No sign of any kind, other than those designating entrances, exits and conditions of use, shall be maintained on such parking lot.
64.6 No charge shall be made for parking in such parking lot.
64.7 Each entrance and exit to and from such parking lot shall be at least 20 feet distant from any adjacent property located in any residential district.
64.8 The location and design of entrances, exits, surfacing, marking, and lighting shall be subject to the approval of the city department having jurisdiction.
64.9 Such parking lot shall be paved with a dust-free surface.
64.10 Such parking lot shall have all spaces adequately marked with paint lines, curb stones, or other similar designations.
64.11 Such parking lot shall be permanently maintained by the owners or the occupants for their invitees and/or licensees so long as the use exists.
64.12 Any person desiring to secure permission to establish and maintain a restricted commercial or industrial parking lot within the meaning of this section shall make application to the building inspector, accompanied by a plan which clearly indicates the proposed development, including the location, size, shape, design, landscaping, curb cuts, and other features and appurtenances of the parking lot.
64.13 Before making his final determination, the building inspector shall refer the said application to the planning commission for its recommendations. If the building inspector approves the aforesaid application, a permit shall be issued subject to the foregoing requirements.
64.14 Any such permit issued by the building inspector shall be revoked any time whenever the aforementioned requirements are not complied with.
The following requirements shall apply to home occupations in addition to all other applicable requirements of this ordinance for the residential district in which such uses are located.
65.1 No accessory buildings or outside storage shall be used in connection with the home occupation.
65.2 No internal or external alterations inconsistent with the residential use of the building may be permitted.
65.3 Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the customary home occupations.
65.4 No machinery that causes noise or other interferences in radio and/or television reception shall be allowed.
65.5 No chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment shall be used primarily for commercial purposes, with the exception of medical and dental equipment used for professional purposes.
65.6 Instruction in music, dance, arts, and crafts, and similar subjects shall be limited to two students at one time.
In the event of changes in city limits removing territory from the city, district boundaries shall be construed as moving with city limits. In the event of annexation of new areas to the city, such areas shall be considered to be in the A-1 district until otherwise classified.