1.   Zoning Affects Every Structure In Every District.  Except as hereinafter provided, no building, structure, temporary or permanent, or land shall be erected, constructed, reconstructed, occupied, moved, altered, or repaired, except in conformity with the regulations herein specified for the class of District in which it is located.

   2.   Minimum Street Frontage.  No lot shall be created unless it abuts at least 25 feet on a public street.

   3.   Use of Lot of Record.  In any Residence District on a lot of record at the time of enactment of the Zoning Ordinance, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this chapter are met.  However, where two or more vacant and contiguous substandard recorded lots are held in common ownership, they shall be combined into zoning lots and shall thereafter be maintained in common ownership and shall be so joined and developed for the purpose of forming an effective and conforming zoning lot.  For the purpose of this section, the razing of a building on a substandard lot shall constitute the formation of a vacant lot.

   4.   Lots Unserved by Sewer and/or Water.  In any residential district where neither public water supply nor public sanitary sewer are reasonably available, one single dwelling may be constructed, provided the otherwise specified lot area and width requirements shall be a minimum of one acre.

   5.   Accessory Buildings, Structures and Uses.

      A.   Time of Construction.  No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

      B.   Permit Required.  A permit is required for all detached accessory building or buildings with a permanent foundation.

      C.   Height of Accessory Building.  No detached accessory building or structure shall exceed 18 feet in height, and the side walls shall not exceed 12 feet in height.

      D.   Location on Lot.  No accessory building or structure shall be erected in any front yard.  Accessory buildings or structures shall be no closer than three feet from any main buildings.

   6.   More Than One Principal Structure on Lot.  In any District more than one principal structure, housing a permitted principal use, may be erected on a single lot provided that the area, yard and other requirements shall be met for each structure as though it were on an individual lot.

   7.   Required Yard Cannot Be Reduced or Used by Another Building.  No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this chapter, and if already less than the minimum required it shall not be further reduced.  No required open space provided around any building or structure shall be included as part of any open space required for another building or structure.

   8.   Conversion of Dwelling.  The conversion of any building or structure into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or households, shall be permitted only within a district in which a new building for similar occupancy would be permitted under the Zoning Ordinance, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking.  Each conversion shall be subject also to such further requirements as may be specified hereinafter within the section applying to such district.

   9.   Yard and Parking Space Restriction.  No part of yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of yard, open space, off-street parking, or loading space similarly required for any other building.

   10.   Traffic Visibility Across Corner Lots.  In a residential, manufacturing, or agricultural district on any corner lot, no fence, wall, hedge, or other plantings or structures that will obstruct vision and which shall be over two and one-half feet in height above the centerline grades of the intersecting streets shall be erected, placed or maintained within the triangular area formed at a point that is 25 feet distant from the point of intersection of the right-of-way lines.

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

   12.   Validity of Existing Building Permits.  Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated uses of any development, building, structure or part thereof, for which the official approvals and required building permits have been granted before the enactment of the Zoning Ordinance, the construction of which, conforming with such plans, shall have been started prior to the effective date of the Ordinance and the completion thereof carried on in a normal manner within the subsequent six-month period, and not discontinued until completion, except for reasons beyond the builder’s control.

   13.   Height Exceptions.  The height limitations contained in Subsection 21 of this section (bulk requirements) do not apply to spires, belfries, cupolas, chimneys, antennas, water tanks, ventilators, elevator housing, or other structures placed above roof level and not intended for human occupancy.  (See Section 165.19)

   14.   Public Right-of-Way Use.  No portion of the public street or alley right-of-way shall be used or occupied by an abutting use of land or structures for storage or display purposes, or to provide any parking or loading space required by this chapter, or for any other purpose that would obstruct the use or maintenance of the public right-of-way.

   15.   Fences. 

      A.   Fences in an R District.  Residential fences or landscape features such as sculpture or walls must be erected or constructed 24 inches from the center of the property line, unless a variance is approved, or on the centerline with appropriate easements.  No portion of any fence shall extend onto adjacent property or right-of-way, provided no such fence in any front, side, or rear yard having street frontage exceeds four feet in height and six feet in height in the case of side and rear yards not having street frontage.  In front and side yards having street frontage, fence materials shall allow for adequate visibility.  All residential fences shall be properly maintained.

      B.   Fences in districts other than an R District.  Nonresidential fences located in a district other than an R District must be located with the centerline of said fence at least six inches from the property line and cannot exceed eight feet in height.

   16.   Proposed Use Not Covered.  Any proposed use not covered in this chapter as a permitted use or special exception shall be referred to the Planning and Zoning Commission for a recommendation as to the proper district in which such use should be permitted and the chapter amended before a permit is issued for such proposed use.

   17.   Access Required.  Every building hereinafter erected or structurally altered shall be on a lot having frontage on a platted street.

   18.   Application of Regulations.  The regulations set by this chapter within each district shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

   19.   Permitted Uses.  Use is permitted in all zoning districts for the purposes of the distribution of essential services.  However design and placement of said equipment and devices may be reviewed by the Board of Adjustment and approved by the City Council.  All other uses are permitted only as listed under each specific Zoning District.

   20.   Temporary Use Exceptions. 

      A.   The following uses may be permitted by a temporary use exception permit, valid for 10 days or less to the applicant, subject to the review and approval of the application by the Board of Adjustment.

         (1)   Carnival, circus.

         (2)   Festivals, auctions.

      B.   In determining whether a temporary use exception permit shall be granted, the Board of Adjustment shall give consideration to:

         (1)   Health, safety, morals, and comfort of area residents.

         (2)   Adverse impact on land uses.

         (3)   Possibility of traffic congestion.

         (4)   Harm to public roads.

         (5)   Erosion of adjacent property.

         (6)   Threat to any source of water supply.

Conditions and restrictions as determined necessary to protect the public health, safety, morals, and comfort may be attached to the permit.  The above events listed do not constitute the complete list, as other similar events of a temporary nature may also be permitted.

   21.   Bulk Requirements.  All new buildings shall conform to the building regulations established herein for the district in which each building shall be located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or to further conflict with the bulk regulations of this chapter for the district in which such buildings shall be located.  Minimum bulk requirements are listed on Table 1, Bulk Requirements, on the following page.

   22.   Farm Animals.  It shall be unlawful to keep or maintain any swine, goats, sheep, fowl, cattle, horses, or “farm animals” as defined in Section 165.04(39) within the City limits, except as provided in Section 165.11(5).

 

   23.   Dwelling; Minimum Size.  No building or structure in the City shall be designed, adapted, constructed, or used for a dwelling unless that building or structure contains a minimum of 576 square feet.  No tent, cabin or travel trailer may be occupied as a dwelling.  No individual unit may be occupied by a household numbering more than four members, unless household is a family.

   24.   Home Occupations.  To qualify as a permitted use in any District under this chapter, any and all home occupations must satisfy all of the following criteria:

      A.   Use of the property for home occupation must be clearly incidental and secondary to the use of the dwelling unit as a residence (as shown by comparative amounts of square footage used for home occupation and for living space).

      B.   The occupation must be conducted entirely within an existing dwelling unit or entirely within an accessory building.

      C.   The occupation must be conducted by a member of the family or household residing within the dwelling unit, and employing no more than one nonresident employee.

      D.   The occupation must show minimal evidence of its existence on the premises, perceivable at or beyond the lot lines, by virtue of:  outside storage, displays, noise, odors, smoke, vibration, heat, dust, electrical disturbance or excessive generation of customer traffic.

      E.   Water, sewer, and waste disposal systems shall be subject to approval of the City.

      F.   Only one identification sign may be displayed upon the lot, subject to the following requirements:

         (1)   The sign may not display more than the name of the occupant and the nature of the occupations.

         (2)   The sign shall not contain more than six square feet and shall be no more than two feet high or not more than three feet in width.

         (3)   The sign shall be non-illuminated.