A.   Definitions: As used in this section:

    OCCUPY, REOCCUPY, AND CHANGE OF OCCUPANCY: The term "occupy" shall mean to put a commercial premises or commercial structure to its intended use. The term "reoccupy" shall mean the occupancy of a commercial premises or commercial structure by a new or different user than the previous occupant. The terms "occupy" and "reoccupy" shall include the movement of furniture, equipment, or other property onto or into a commercial premises, commercial structure, residential premises or residential structure with the purpose of using as a commercial business. A "change of occupancy" shall mean to reoccupy an existing commercial premises or commercial structure.

   B.   Permit Required: Except as otherwise provided in the zoning regulations, no commercial land shall be occupied, reoccupied, or used and no commercial building shall be occupied, reoccupied, or used in whole or in part for any purpose whatsoever until a commercial occupancy permit for such occupancy is issued by the city, stating that the building and use comply with the provisions of title 10 of this code and this title. The use or occupancy of any commercial premises or commercial building or part thereof shall not be changed without a commercial occupancy permit being issued therefor by the city. No permit shall be issued to make a change unless such changes are in conformity with the provisions of title 10 of this code and this title. No business, individual or other entity shall connect to the city utilities without first obtaining a commercial occupancy permit. It shall be unlawful for any person, either as owner, occupant, or agent for an owner or occupant, to occupy or permit the occupancy of, any commercial premises or commercial structure in the city without first obtaining an inspection and commercial occupancy permit. Each separate use, tenancy or unit in a commercial structure, shall require a separate occupancy permit.

   C.   Application; Making False Statements Prohibited:

      1.   Original commercial occupancy permits shall be applied for coincidentally with or without the application for a building permit and shall be issued within ten (10) days after the lawful erection, reconstruction or alteration of the building is completed.

      2.   It shall be unlawful for any person to knowingly make any false statement on an application for an occupancy permit.

   D.   Amendment Of Occupancy Permit Required: Occupancy of a commercial premises or commercial structure by one or more occupants not named on the occupancy permit then in force is prohibited unless an application for amendment of the occupancy permit is filed and approved. No fee shall be charged to amend a commercial occupancy permit so long as such amendment does not constitute a change of occupancy.

   E.   Inspections, Notices; Issuance Of Occupancy Permits:

      1.   The director of code enforcement shall receive all applications for commercial occupancy permits and shall make or cause to be made an inspection of the premises or structure within five (5) working days. Any fees required for a commercial occupancy permit shall be paid at the time the application is filed. No application for which a fee is required shall be deemed complete or filed unless the required fee is paid.

      2.   If the director of code enforcement or fire chief finds that the premises or structure does not meet the requirements of the standards adopted by ordinance, he shall notify the owner or agent of such deficiencies in writing, informing him that the premises or structure may not be occupied until the deficiencies are corrected.

      3.   When the director finds that the premises or structure does comply with the standards most recently adopted by the city and other applicable standards, he shall issue an occupancy permit.

   F.   Certificate Invalid; When: Any certificate of commercial occupancy shall become invalid if the lawful use of the premises or structure is not commenced within ninety (90) days after it is issued. The director of code enforcement or fire chief is authorized to grant extension of this period when, in his opinion, an extension is warranted and provided also that an application for such extension is received within ninety (90) days of the issuance of the certificate.

   G.   Fees: The fees for commercial occupancy inspections and permits required by this section shall be fifty dollars ($50.00) for occupancies under two thousand five hundred (2,500) square feet and one hundred dollars ($100.00) for occupancies of two thousand five hundred (2,500) square feet or more.

   H.   Appeals: Any person or corporation who feels that an error has been made in an inspection performed by the city may request a review by the director of code enforcement. If the director of code enforcement, after review of the file and such additional information as he may deem appropriate, feels that the citation of the violation is valid, he shall require that the violation be corrected. Any decision of the director of code enforcement may be appealed to the city council upon a written request within ten (10) days of the decision of the director of code enforcement.

   I.   Certificates Not A Warranty: In issuing a certificate of commercial occupancy, the city does not intend to, nor does it warrant, insure or guarantee to the holder thereof, to his or her assignee or to any other person, that there are no violations of any provision of this section or any other ordinance. The city makes no warranty or representation, whatsoever, as to the condition of any building.

   J.   Penalty For Violation: Any person, firm or corporation violating the provisions of this section shall be subject to a fine not to exceed seven hundred fifty dollars ($750.00). Each day a violation continues shall be considered a separate offense. (Ord. 3329, 5-23-2016)

Churches.

Clinics.

Clubs or lodges.

Commercial establishments.

Commercial group or multi-family housing developments.

   A.   Permitted Uses: Nursing homes, assisted living, supportive living or age restricted housing; sanatoriums; and shelter care homes; provided, that:

      1.   No sex offenders or penal or correctional inmates are housed therein; and

      2.   The development size shall be no less than five (5) acres and contain a minimum of forty (40) units. Additionally, duplex or multiplex housing, adjacent and contiguous to the primary development and serviced by the primary permitted use as part of a community living plan of development, shall be considered a permitted use.

   B.   Support Services And Uses: All support service uses required or convenient for the operation of any of the permitted uses including, but not limited to, barbershops, beauty shops, laundry facilities, restaurants or cafes, general stores or convenience stores, and the like shall be allowed when exclusively operated for the benefit of the residents, family, guests, and employees of the housing development.

   C.   Limitation On Retail And Services Establishment Space: Other than support services and uses as described in subsection B of this use, commercial uses for general public access which are located within the designated area for the housing development shall be limited in floor space to no more than twenty five percent (25%) of the total square footage of the housing unit within the development, except as may be granted a special use permit within the provisions of this title.

   D.   Area, Height, Setbacks, And Yard Regulations: All requirements as shown in section 11-7B-4 of this title for the R-2 general residential district shall be applicable for the permitted uses under this entry.

Governmental services.

Halfway house for penal and correctional inmates; provided, that no sex offenders are housed therein.

Hospitals.

Offices.

Retailing and wholesaling activities including public and private professional services provided within the confines of an office type environment.

Second floor residences so long as the first floor activities fit all other applicable regulations set forth in this article and that at least one off street parking stall is provided per residence.

Service establishments. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. Ord. 1636, 10-22-1996; Ord. 2130, 2-19-2007; Ord. 2235, 11-24-2008)

Automobile banking facilities.

Automobile dismantling (junkyards) with screening.

Buildings with heights in excess of fifty feet (50').

Coin operated amusement centers or establishments where coin operated game machines occupy more than fifteen percent (15%) of the floor area of the building.

Combined retail or wholesale and manufacturing operations where the manufacturing portion of the use is incidental to the principal use and involves not more than five (5) persons employed in the manufacturing activity.

Commercial establishments with drive-through accommodations.

Multiple-family dwellings.

Taverns, bars, or other establishments that serve alcoholic beverages on the premises.

Utility substations with screening. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

See section 11-12-3 of this title. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

   A.   Minimum lot area: None.

   B.   Height of main building: Fifty feet (50').

   C.   Minimum yards and setbacks:

      1.   Front: None when the lot front abuts a local street, and thirty feet (30') when the lot front abuts a state maintained highway.

      2.   Side: None, except when the lot abuts a residential district, then ten feet (10') is required. The city fire department must verify that access to all points of the structure is possible if less than five feet (5') is proposed. The city engineer must be contacted to verify that intersection sightlines will not be obstructed on corner or through lots. The city engineer will establish the necessary setbacks in that regard.

      3.   Rear: Same as side yard.

   D.   Minimum lot width: Thirty feet (30').

   E.   Maximum lot coverage: Fifty percent (50%). (Ord. 1148, 4-27-1987, eff. 6-1-1987)

Automobile and truck sales and service centers.

Gasoline service stations.

Motels.

Restaurants. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

All permitted and special uses listed in article A of this chapter. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

See section 11-12-3 of this title. (Ord. 1148, 4-27-1987, eff. 6-1-1987)

   A.   Minimum lot area: Ten thousand (10,000) square feet.

   B.   Height of main building: Fifty feet (50').

   C.   Minimum yards and setbacks:

      1.   Front: Thirty feet (30') from the abutting street right of way and seventy five feet (75') from any state maintained highway right of way.

      2.   Side: None, except where a lot abuts a residential district, then ten feet (10') is required. The city fire department must verify that access to all points of the structure is possible if less than five feet (5') is proposed. The city engineer must be contacted to verify that intersection sightlines will not be obstructed on corner or through lots. The city engineer will establish necessary setbacks in that regard.

      3.   Rear: Same as side yard.

   D.   Minimum lot width: Seventy five feet (75').

   E.   Maximum lot coverage: Fifty percent (50%). (Ord. 1148, 4-27-1987, eff. 6-1-1987)