This Zoning Code shall be known and may be cited and referred to as "City of Kenton, Ohio, Zoning Ordinance" or just the "Zoning Code."

(Ord. 1420. Passed 2-28-66.)

   This Zoning Code is enacted for the purpose of promoting public health, safety, convenience, comfort, prosperity and general welfare by regulating and restricting the location, bulk and height of buildings and other structures and of premises to be used for trade, industry, residence or other specified uses, all in accordance with a comprehensive plan for the desirable future development of the City; and to provide a method of administration and to prescribe penalties for the violations of provisions hereafter described.

(Ord. 1420, Passed 2-28-66.)

   In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements. Wherever this Zoning Code imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Zoning Code shall govern.

(Ord. 1420. Passed 2-28-66.)

   This Zoning Code and the various titles, chapters and sections thereof are hereby declared to be separable. If any chapter, section, subsection, paragraph, sentence or phrase of this Zoning Code is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Zoning Code shall not be affected thereby.

(Ord. 1420. Passed 2-28-66.)

   Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this Zoning Code. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "used" includes arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word "shall" is mandatory and not directory.

   (1)   Accessory Use or Structure. "Accessory use or structure" means a use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use.

(Ord. 1420. Passed 2-28-66.)

   (1A)   Adult Materials. "Adult materials" includes any of the following:

      A.   Books, magazines, periodicals or other printed matter, or digitally stored materials that are characterized or distinguished by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

      B.   Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified activities.

      C.   Instruments, novelties, devices or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas. (Ord. 00-012. Passed 8-28-00.)

   (2)   Agriculture. "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce. However, the operation of such accessory uses shall be secondary to that of normal agriculture activities, and the above uses do not include the commercial feeding of garbage or offal to swine or other animals.

   (3)   Alley or Lane. "Alley" or "lane" means a public or private way not more than twenty feet wide affording only secondary means of access to abutting property.

   (4)   Alterations. "Alterations," as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

   (5)   Apartment. "Apartment" means a suite of rooms or a room in a multifamily building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

   (6)   Apartment Hotel. "Apartment hotel" means an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.

   (7)   Apartment House. See Dwelling, Multifamily.

   (8)   Basement. "Basement" means a story whose floor is more than twelve inches but not more than half of its story height below the average level of the adjoining ground (as distinguished from a "cellar" which is a story more than one-half below such level). A basement, when used as a dwelling, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination.

   (9)   Beginning of Construction. "Beginning of construction" means the incorporation of labor and materials within the walls of the building or buildings.

   (10)   Board. "Board" means the Board of Zoning Appeals of the City.

   (11)   Boarding or Lodging House. "Boarding or lodging house" means a dwelling or part thereof where meals and/or lodging are provided, for compensation, for five or more persons not transients.

   (12)   Building. "Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.

   (13)   Building, Height of. "Height of building" means the vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between the eaves and ridge for gable, hip or gambrel roofs.

   (14)   Cellar. "Cellar" means a story, the floor of which is more than one-half of its story height below the average level of the adjoining ground at the exterior walls of the building. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.

   (15)   Clinic. "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons who are not provided with board or room nor kept overnight on the premises.

   (16)   Club. "Club" means a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

   (17)   Commission, Planning. "Planning Commission" means the Planning Commission of the City.

   (18)   Conditional Use. "Conditional use" means a use that is permitted, but only, in each specific instance, after a determination by the Board of Zoning Appeals that the applicable regulations and standards of this Zoning Code will be adhered to, and after the designation by the Board of the additional safeguards or conditions that, in the specific circumstances, shall be adhered to in order to prevent harm or injury to the public health, safety, convenience, comfort, prosperity and general welfare.

   (19)   Council. "Council" means the City Council.

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

   (21)   District. "District" means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code.

   (22)   District, More Restricted or Less Restricted. "More restricted or less restricted district" means that each of the districts in the following list shall be deemed to be more restricted than any of the districts succeeding it, and each shall be deemed to be less restricted than any of the districts preceding it: R-1, R-2, B-1, B-2, B-3, M-1, M-2.

   (23)   Dump. "Dump" means a lot or land or part thereof used primarily for the disposal, by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

   (24)   Dwelling. "Dwelling" means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer, trailer coach or boarding or lodging house.

   (25)   Dwelling, One-Family. "One-family dwelling" means a building designed for or used exclusively for residence purposes by one family.

   (26)   Dwelling, Two-Family. "Two-family dwelling" means a building designed for or used exclusively for residence purposes by two families living independently of each other.

   (27)   Dwelling, Multifamily. "Multifamily dwelling" means a building or portion thereof designed for or used exclusively for residence purposes by three or more families living independently of each other.

   (28)   Dwelling Unit. "Dwelling unit" means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

   (29)   Essential Services. "Essential services" means the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

   (30)   Family. "Family" means a person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding or lodging house, motel or hotel, or fraternity or sorority house.

   (31)   Garage, Private. "Private garage" means a garage used for storage purposes only and having a capacity of not more than four automobiles or not more than two automobiles per family housed in the building to which such garage is accessory, whichever is greater.

   (32)   Garage, Public. "Public garage" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

   (33)   Home Occupation. "Home occupation" means an accessory use of a service character customarily conducted within a dwelling by only the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate and in connection therewith, and where there is not involved the keeping of a stock in trade. The office of a single physician, surgeon, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument, limited to a single pupil at a time, who offers skilled services to clients, and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be a home occupation. The occupations of dressmaker, milliner or seamstress, each with not more than one paid assistant, shall be deemed to be home occupations. Dancing instruction, band instrument instruction in groups, tea rooms, tourist homes, beauty parlors, barber shops, real estate offices, convalescent homes, mortuary establishments and stores, trades or business of any kind not herein excepted shall not be deemed to be home occupations.

   (34)   Hospital. "Hospital," unless otherwise specified, means and includes a sanitarium, sanatorium, preventorium, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of ailments, except a "clinic," and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.

   (35)   Hotel. "Hotel" means any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing twelve or more guest rooms or suites where no provision for cooking is made in any individual room or suite, except hospitals and jails.

   (36)   Junk Yard. "Junk yard" means a lot where waste or discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including lots where such uses are conducted entirely within a completely enclosed building, and not including establishments for the sale, purchase or storage of used cars in operable condition, or storage of materials incidental to manufacturing operations.

   (37)   Kennel. "Kennel" means any structure or lot on which four or more dogs and/or cats over four months of age are kept.

   (38)   Land Use Plan. "Land use plan" means the long range plan for the desirable use of land in the City as officially adopted, and as amended from time to time, by the Planning Commission.

   (39)   Loading Space. "Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

   (40)   Lot. "Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this Zoning Code, and having frontage on a public street.

   (41)   Lot, Corner. "Corner lot" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the "corner."

   (42)   Lot, Interior. "Interior lot" means a lot other than a corner lot.

   (43)   Lot Depth. "Lot depth" means the mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.

   (44)   Lot Lines. "Lot lines" means the property lines bounding the lot.

   (45)   Lot Line, Front. "Front lot line" means the line separating the lot from a street. On a corner lot, the front lot line shall be the street lot line having the least dimension.

   (46)   Lot Line, Rear. "Rear lot line" means the lot line opposite and most distant from the front lot line.

   (47)   Lot Line, Side. "Side lot line" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

   (48)   Lot Line, Street or Alley. "Street or alley lot line" means a lot line separating a lot from a street or alley.

   (49)   Lot of Record. "Lot of record" means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder.

   (50)   Lot Width. "Lot width" means the mean horizontal width of the lot measured at right angles to its depth.

   (51)   Lot Area. "Lot area" means the computed area contained within the lot lines.

   (52)   Lot, Through. "Through lot" means a lot having frontage on two parallel or approximately parallel streets.

   (53)   Motel or Motor Hotel. "Motel" or "motor hotel" means a series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, such units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.

   (54)   Motor Vehicle Repair, Major. "Major motor vehicle repair" means general repair, rebuilding or reconstruction of engines, motor vehicles or trailers; collision services, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.

   (55)   Motor Vehicle Repair, Minor. "Minor motor vehicle repair" means incidental body or fender work, other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under "Motor Vehicle Repair, Major," or any other definition similar thereto.

   (56)   Motor Vehicle or Trailer Sales Area. "Motor vehicle or trailer sales area" means an open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

   (57)   Motor Vehicle Service Station or Filling Station. "Motor vehicle service station or filling station" means a place where gasoline or other motor fuel, lubricants, tires, batteries, accessories and supplies, for operating and equipping motor vehicles, are sold at retail to the public and deliveries are made directly into or onto motor vehicles, including incidental battery, brake, muffler and tire service, washing and polishing.

   (58)   Nonconforming Use. "Nonconforming use" means a use of a building or land legally existing at the time of adoption of this Zoning Code (Ordinance 1420, passed February 28,1966), or any amendment thereto, and which does not conform with the use regulations of the district in which it is located.

(Ord. 1420. Passed 2-28-66.)

   (58A) Nude or Nudity. "Nude" or "nudity" means exposing to view the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast below a point immediately above the top of the areola with less than a fully opaque covering of the areola and nipple, or the showing of the covered male genitals in a discernibly turgid state. "Covering" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it. (Ord. 00-012. Passed 8-28-00.)

   (59)   Parking Area, Private. "Private parking area" means an open area for the same uses as a private garage.

   (60)   Parking Area, Public. "Public parking area" means an open area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public, whether for a fee, free or as an accommodation for clients or customers.

   (61)   Parking Space. "Parking space" means a permanently surfaced area, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a single motor vehicle.

   (62)   Planned Development Project. "Planned development project" means a residential or commercial development on a lot in single ownership and consisting of two or more buildings having any yard, court or parking or loading space in common.

   (63)   Public Utility. "Public utility" means any person, firm, corporation or Municipal department or board, duly authorized to furnish and furnishing, under State or Municipal regulation, to the public, electricity, gas, steam, communications, telegraph, transportation or water.

(Ord. 1420. Passed 2-28-66.)

   (63A) Semi-Nude or Semi-Nudity. "Semi-nude" or "semi-nudity" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other covering, provided that the areola is not exposed in whole or in part.

   (63B) Sexually Oriented Business. "Sexually oriented business" means any of the following commercial establishments:

      A.   "Adult cabaret" includes any commercial establishment that features persons who appear in state of semi-nudity and which is intended to arouse or gratify the sexual desires of the operator, entertainer, employee or customer, including exotic dancers, strippers, male or female impersonators or semi-nude waiters, waitresses or bartenders, or similar entertainers.

      B.   "Adult store" includes any commercial establishment that predominately offers adult materials for sale, rental or viewing.

      C.   "Adult theaters" includes any commercial establishment that features or provides films, motion pictures, video or audio cassettes, slides or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

   (63C)   Specified Anatomical Areas. "Specified anatomical areas" includes any of the following:

      A.   Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed.

      B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

   (63D)   Specified Sexual Activities. "Specified sexual activities" includes any of the following:

      A.   Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.

      B.   Sex acts, actual or simulated, including intercourse, oral copulation or sodomy.

      C.   Masturbation, actual or simulated.

      D.   Human genitals in a state of sexual stimulation or arousal.

      E.   Excretory functions as part of or in connection with any of the activities set forth in paragraphs A. to D. hereof.

(Ord. 00-012. Passed 8-28-00.)

   (64)   Standard, Performance. "Performance standard" means a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.

   (65)   Sign. "Sign" means any structure or part thereof attached thereto or painted or represented thereon, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. The word "sign" includes the word "billboard" but does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Further, this definition does not include any board, sign or surface used to display any official notices issued by any court or public office or posted by a public officer in the performance of a public duty.

   (66)   Sign, Area of. "Area of sign" means the total exterior surface, computed in square feet, of a sign having but one exposed exterior surface; or one-half the total of the exposed exterior surface, computed in square feet, of a sign having more than one such surface.

   (67)   Sign, Advertising. "Advertising sign" means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises or only incidentally on the premises.

   (68)   Sign, Business. "Business sign" means a sign which directs attention to an activity, business or profession conducted on the premises. A real estate sign advertising the sale, rental or lease of the premises on which it is maintained, institutional bulletin boards, and a professional or announcement sign accessory to a home occupation or a dwelling, shall not be deemed business sign.

   (69)   Story. "Story" means that portion of a building 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.

   (70)   Story, First. "First story" means the lowest story or the ground story of any building the floor of which is not more than twelve inches below the average level of the adjoining ground at the exterior walls of the building, except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his or her family, shall be deemed the first story.

   (71)   Story, Half. "Half story" means a story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than four feet above the floor of such story; however, any partial story used for residence purposes, other than for a janitor or caretaker and his or her family, shall be deemed a full story.

   (72)   Story, Mezzanine. "Mezzanine story" means a story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third of the area of the story directly underneath it.

   (73)   Street. "Street" means a public right of way fifty feet or more in width which provides a public means of access to abutting property, or any such right of way more than twenty feet and less than fifty feet in width, provided it existed prior to the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966). The term "street" includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare and any other similar term.

   (74)   Structure. "Structure" means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

   (75)   Thoroughfare Plan. "Thoroughfare Plan" means the official Thoroughfare Plan establishing the general location, character and extent of streets and thoroughfares in the City as officially adopted, and as amended from time to time, by the Planning Commission.

   (76)   Tourist Home. "Tourist home" means a building or part thereof, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.

   (77)   Trailer. "Trailer" means any vehicle or structure constructed in such manner as to permit occupancy thereof for use as sleeping and eating quarters, or for the conduct of any business, trade or occupation or for use as a selling or advertising device, or for storage or conveyance of tools, equipment or machinery, and so designed that it is or may be propelled by motor power other than its own. The term "trailer" includes automobile trailer, trailer coach and mobile home.

   (78)   Trailer Park. "Trailer park" means any lot or part thereof which is used or offered as a location for two or more trailers used for any purposes set forth in subsection (77) hereof.

   (79)   Use. "Use" means the purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied and maintained.

   (80)   Use First Permitted in "X" District. "Use first permitted in "X" District" means a use which in the sequence of successively less restricted districts occurs as a permitted use for the first time in the "X" District (i.e. any district).

   (81)   Variance. "Variance" means a modification of the requirements of this Zoning Code granted by the Board of Zoning Appeals in a specific situation, in order to alleviate practical difficulty or undue hardship owing to exceptional narrowness, shallowness or the shape of a lot, to difficult topography or other peculiar physical conditions of a lot, or to the nature of existing uses or structures immediately adjoining a lot. Such modification shall not include authorizing a use not among the permitted uses specified in this Zoning Code for the district in which the lot is located.

   (82)   Yard. "Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise permitted in this Zoning Code.

   (83)   Yard, Front. "Front yard" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

   (84)   Yard, Front; Least Depth, How Measured. Front yard depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line), provided, however, that if a proposed location of the right-of-way line of such street has been officially established, then the required front yard least depth shall be measured from such proposed right-of-way line.

   (85)   Yard, Rear. "Rear yard" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.

   (86)   Yard, Side. "Side yard" means a yard extending between the front yard and the rear yard, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.

   (87)   Yard, Side; Least Width, How Measured. Side yard width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street, provided, however, that if a proposed location of the right-of-way line of such street has been officially established, then the required side yard least width shall be measured from such proposed right-of-way line.

   (88)   Zoning Inspector. "Zoning Inspector" means the Safety-Service Director of the City or his or her authorized representative.

   (89)   Zoning Map. "Zoning Map" means the Zoning Map or Maps of the City, dated February 28, 1966, together with all amendments subsequently adopted.

   (90)   Zoning Certificate. "Zoning certificate" means a document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Zoning Code and for the purpose of carrying out and enforcing its provisions.

   (91)   Zoning Code. "Zoning Code" means Ordinance 1420, passed February 28, 1966, as amended, codified herein as Titles Four through Fourteen of Part Twelve - the Planning and Zoning Code.

(Ord. 1420. Passed 2-28-66.)

   Except where referenced on the Zoning Map to a street or alley line or other designated line by dimensions shown on such Map, the district boundary lines follow lot lines or the centerlines of streets or alleys as they existed at the time of the adoption of this Zoning Code (Ordinance 1420, passed February 28, 1966), but where a district line obviously does not coincide with the lot lines or such centerlines or where it is not designated by dimensions, it shall be determined by scaling.

(Ord. 1420. Passed 2-28-66.)

   Where a district boundary line established in this chapter or as shown on the Zoning Map divides a lot which was in single ownership at the time of enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966), the use authorized thereon and the other district requirements applying to the least restricted portion of such lot under this Zoning Code shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within twenty-five feet of such dividing district boundary line. The use so extended shall be deemed to be conforming.

(Ord. 1420. Passed 2-28-66.)

   All questions concerning the exact location of district boundary lines shall be determined by the Board of Zoning Appeals according to rules and regulations which may be adopted by it.

(Ord. 1420. Passed 2-28-66.)

   Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right of way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts.

(Ord. 1420. Passed 2-28-66.)

   (a)   Property Not Included. In every case where property has not been specifically included within a district, and the use of such property at the time of the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966) has ceased, the most restrictive zoning district adjoining such property shall be extended automatically to include such property, which shall thenceforth be subject to all regulations of the extended district.

   (b)   Annexations.

      (1)   A petitioner for annexation of property into the City may designate in the original annexation petition a desired zoning classification of R-1, R-2, B-1, B-2, B-3, M-1 or M2 pursuant to Chapter 1250 through Chapter 1268 of these Codified Ordinances.

      (2)   Upon acceptance of the annexation by the City, the requested zoning classification will apply to the property so annexed.

      (3)   By agreement of the City and petitioner prior to acceptance of the annexation by the City, the requested zoning classification may be amended to a different classification.

      (4)   Any territory annexed after the date of this section that does not designate a specific zoning classification, shall, upon the effective date of such annexation, become part of the R-1 District. Such districting shall be considered temporary, and upon written request by the owner of the annexed property, the City Planning Commission shall recommend to Council, within a period not to exceed six months from such date of annexation, a final zoning map classification for the annexed territory.

(Ord. 87-016. Passed 8-24-87; Ord. 07-025. Passed 11-26-07.)

   Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no building or part thereof, or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located, such regulations including, but without limitation, the following: the use of buildings, structures or land, including performance standards for the control of any dangerous and objectionable elements, as defined in Section 1280.01, in connection with such use; the height, size and dimensions of buildings or structures; the size or dimensions of lots, yards and other open spaces surrounding buildings; and the provision, location, size, improvement and operation of off-street parking, loading and unloading spaces.

(Ord. 1420. Passed 2-28-66.)

   Uses other than those specifically mentioned in this Zoning Code as permitted uses in each of the districts also may be allowed therein, except for uses prohibited therein or which are first permitted in a less restrictive district, and provided that, in the judgment of the Board of Zoning Appeals, as evidenced by a resolution of record, such other uses are of similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties or the neighborhood or the community than the permitted uses specifically mentioned for the district.

(Ord. 1420. Passed 2-28-66.)

   Uses other than those specifically prohibited in this Zoning Code in any district shall also be prohibited therefrom if, in the judgment of the Board of Zoning Appeals as evidenced by a resolution of record, such other uses are similar in character to those specifically prohibited in that they would have similar or more serious adverse influence on adjacent properties or the neighborhood or the community than the uses specifically mentioned as prohibited in the district.

(Ord. 1420. Passed 2-28-66.)

   The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted within any district in which a new building for similar occupancy would be permitted under this Zoning Code, provided that the lot area per dwelling unit requirement of the district where located can be met.

(Ord. 1420. Passed 2-28-66.)

   No building in the rear of a principal building on the same lot shall be used for residential purposes unless it conforms to all the yard and other open space and off-street parking requirements of this Zoning Code. For the purpose of determining the front yard in such cases, the rear line of the required rear yard for the principal building in front shall be considered the front line for the building in the rear. In addition, there must be provided for any such rear dwelling an unoccupied and unobstructed accessway, not less than ten feet wide, to a public street for each dwelling unit in such dwelling, or one not less than thirty feet wide for three or more dwelling units.

(Ord. 1420. Passed 2-28-66.)

   In the R-1 District, a transitional use shall be permitted on a lot, the side lot line of which adjoins either directly or across an alley any "B" or "M" District. The permitted transitional uses for such lot shall be any use permitted in the R-2 District and the requirements governing lot area per dwelling unit, off-street parking, yards and other open spaces, shall be the same as for the R-2 District. No transitional use authorized under this chapter shall extend more than 100 feet from the side lot line of the lot abutting the zoning district boundary line.

(Ord. 1420. Passed 2-28-66.)

   Along any zoning boundary line on a lot in the less restricted district, a front yard facing a lot in the more restricted district and any side yard, rear yard or court abutting such zoning boundary line, unless subject to greater restrictions or requirements stipulated by other provisions of this Zoning Code, shall have a minimum depth and width equal to the average of the required minimum depth or width for such front yards, side yards, rear yards or courts in the two districts on either side of such zoning boundary line. In cases where the height of a proposed structure on such lot in the less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum depth or width of the side yard, rear yard or court for such structure shall be determined by increasing the minimum depth or width for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in such more restricted district. (Ord. 1420. Passed 2-28-66.)

   (a)   In General. An accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure. Except as provided in Chapter 1294, no accessory building shall be erected in any required yard or court, except a rear yard, nor shall any accessory building occupy more than thirty-five percent of a required rear yard. Accessory buildings shall be distant at least six feet from any dwelling situated on the same lot, unless they are an integral part thereof, at least six feet from any other accessory building and at least three feet from all lot lines of adjoining lots which are within a residence district.

   (b)   Corner Lots. In any residence district, where a corner lot adjoins in the rear a lot fronting on the side street and located in a residence district, no part of an accessory building on such corner lot within twenty-five feet of the common lot line shall be nearer a side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot, and in no case shall any part of such accessory building be nearer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory.

   (c)   Front Setback. No accessory use or structure in any residence district, except an off-street parking area subject to the provisions of Chapter 1270, shall be permitted nearer to any front lot line than sixty feet, unless such use or structure is contained within or connected to the principal structure.

   (d)   Yard Requirements. Except as provided in Chapter 1294, an accessory building, if not located in the rear yard, shall be an integral part of, or connected with, the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building of the same height and other dimensions as such accessory building.

   (e)   Without Main Buildings. In any residence district, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building.

(Ord. 1420. Passed 2-28-66.)

   Even though compliance with performance standards procedure in Chapter 1280 may not be expressly required for a particular use, initial and continued compliance with performance standards is required of every use.

(Ord. 1420. Passed 2-28-66.)

   Except as permitted by other provisions of this Zoning Code, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least twenty feet on a street; and there shall be not more than one single-family dwelling for such frontage.

(Ord. 1420. Passed 2-28-66.)

   In any residence district on any corner lot, no fence, structure or planting shall be erected or maintained within twenty feet of the corner (the point of intersection of the right-of-way line) which interferes with traffic visibility across the corner.

(Ord. 1420. Passed 2-28-66.)

   No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this Zoning Code. No part of a yard, court, parking area or other space provided about or for any building or structure for the purpose of complying with the provisions of this Zoning Code shall be included as part of a yard, court, parking area or other space required under this Zoning Code for another building or structure.

(Ord. 1420. Passed 2-28-66.)

   In every district, spaces for off-street parking and for off-street loading and unloading shall be provided in accordance with the provisions of Chapter 1270.

(Ord. 1420. Passed 2-28-66.)

   Every garage building or portion of a main building used for garage purposes shall be so equipped that the doors, when open or being opened, will not project beyond any lot line of the lot on which such building is located. When such doors open to an alley, the wall or portion thereof containing such doors shall be at least six feet from the line forming the common boundary between such lot and the alley.

(Ord. 1420. Passed 2-28-66.)

   Essential services shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of this Zoning Code.

(Ord. 1420. Passed 2-28-66.)

   Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

(Ord. 1420. Passed 2-28-66.)

   Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approvals and required building permits have been granted before the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966), the construction of which has been started within three months after the effective date of this Zoning Code. (Ord. 1420. Passed 2-28-66.)

   No truck or other commercial vehicle of a rated weight of more than one ton shall be parked on any street or on any residential premises in any residence district for any consecutive period of four hours or more, however, nothing herein shall prevent the parking of such vehicle in a fully enclosed garage or similar permanent structure.

(Ord. 2143. Passed 3-27-78.)

   The drilling for oil and gas and the production of oil, gas and other hydrocarbons within the corporate limits of the City is expressly prohibited.

(Ord. 1420. Passed 2-28-66.)

   Except as hereinafter specified, any use, building or structure existing at the time of the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966) may be continued, even though such use, building or structure may not conform with the provisions of this Zoning Code for the district in which it is located.

(Ord. 1420. Passed 2-28-66.)

   No existing building or lot devoted to a use not permitted by this Zoning Code in the district in which such building or lot is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as follows:

   (a)   Substitution or Extension. When authorized by the Board of Zoning Appeals, in accordance with the provisions of Chapter 1242, the substitution for a nonconforming use of another not more objectionable nonconforming use or an extension of a nonconforming use may be made, but not both a substitution and an extension.

   (b)   Extension Upon Adjoining Lot. When authorized by the Board of Zoning Appeals, in accordance with the provisions of Chapter 1242, the extension or completion of a building devoted to a nonconforming use upon a lot occupied by such building or on a lot adjoining, may be made provided such lot was under the same ownership as the lot in question on the date the use of such building became nonconforming, and provided such extension is necessary and identical to the existing use of such building.

   (c)   Extension Inside Building. When authorized by the Board of Zoning Appeals, in accordance with the provisions of Chapter 1242, a nonconforming use may be extended throughout those parts of a building which were manifestly designed and arranged for such use prior to the date when such use of such building became nonconforming, if no structural alterations, except those required by law, are made therein.

   (d)   Nonconforming Use Made to Conform. Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

(Ord. 1420. Passed 2-28-66.)

   No building, structure or lot where a nonconforming use has ceased for two years or more shall again be put to a nonconforming use.

(Ord. 1420. Passed 2-28-66.)

   All nonconforming uses of land not involving any building or structure may be continued for a period of two years after the date of enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966) at the end of which period such nonconforming use shall cease or shall be changed to a conforming use.

(Ord. 1420. Passed 2-28-66.)

   All uses nonconforming at the time of adoption of this Zoning Code (Ordinance 1420, passed February 28, 1966), by reason of noncompliance with the provisions of Chapter 1280, if not otherwise stipulated by the Board of Zoning Appeals, shall adopt necessary measures to conform therewith within three years of the adoption of this Zoning Code.

(Ord. 1420. Passed 2-28-66.)

   Any nonconforming building or structure damaged more than sixty percent of its then fair market value, exclusive of the foundations, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as before such occurrence, but if there is less than sixty percent damaged above the foundation, it may be restored, reconstructed or used as before, provided that it is done within six months of such occurrence.

(Ord. 1420. Passed 2-28-66.)

   Such repairs and maintenance work as are required to keep it in sound condition may be made to a nonconforming building or structure, provided no structural alterations are made except such as are required by law or ordinance or authorized by the Board of Zoning Appeals. Except as otherwise provided elsewhere in this Zoning Code, the total structural repairs and alterations that may be made in a nonconforming building or structure shall not, during its life subsequent to the date of its becoming a nonconforming use, exceed fifty percent of its assessed value for tax purposes at such date, unless such building or structure is changed to a conforming use.

(Ord. 1420. Passed 2-28-66.)

   Any trailer, as defined in Section 1232.01(77), now located within the City but outside a trailer park, as defined in Section 1232.01(78) and Chapter 1272, may be replaced by another trailer as hereinafter provided.

   (a)   When authorized by the Board of Zoning Appeals, in accordance with the provisions of Chapter 1242, the substitution by replacement of one trailer for another not more objectionable trailer may be made in accordance with the provisions of this section.

   (b)   The application provided for in Section 1242.05 shall contain the reason for the proposed replacement, a description of the replacement trailer and such other information which the Board may reasonably require. The location of the replacement trailer on its lot must conform to the requirements of the zoning district within which it is located.

   (c)   If the application for replacement is granted, the applicant shall complete such replacement within ninety days, unless an extension for good cause shown is granted by the Board.

   (d)   No application shall be granted by the Board when it appears that more than thirty days have elapsed from the time an existing trailer lot has ceased to be used for such purpose.

(Ord. 87-020. Passed 8-24-87.)