(A)

District purpose. The P-1 district is intended to provide for public recreational facilities as well as public uses of the federal, state, county, and municipal governments. Recreational activities in the P-1 district will normally be conducted in the open air; however, related accessory uses may be located on the same plot in structures or buildings. The functional characteristics of a P-1 district may require its location within, or in close proximity to, residential areas or areas of natural beauty and scenic qualities.

(B)

Uses permitted. No land, water, or structure may be used, in whole or in part, except for one or more of the following uses, or similar uses approved by the City Council.

(1)

Public:

(a)

Country club.

(b)

Golf course.

(c)

Shuffleboard courts.

(d)

Swimming pool.

(e)

Tennis courts.

(f)

Recreation or community centers.

(g)

Public parks and open spaces.

(2)

Public preschool, elementary, junior high, or high schools.

(3)

Libraries, museums, community centers.

(4)

City Hall and other municipal governmental buildings necessary to the provision of municipal services.

(5)

Publicly owned and operated facilities of the federal, state, county, or special purpose governmental unit necessary to the provision of services and facilities to residents of the community and surrounding areas.

(C)

Minimum lot area. The minimum lot area for uses which shall include a building in the P-1 district shall be 10,000 square feet.

(D)

Minimum lot width. None.

(E)

Minimum yards. None.

(F)

Maximum building height. The maximum allowable building height in the P-1 district shall be 40 feet.

(G)

Signs. See Signs, § 150-030.

(H)

Parking. See subsection (I)(4) herein.

(I)

Limitations and special requirements.

(1)

The operation of any recreation area shall, regardless of anything else in this section, be subject to the reasonable control and direction of the City.

(2)

All yards and open spaces adjacent to streets and contiguous to residential areas shall be planted and properly maintained with suitable planting in the form of grass, shrubs, hedges, and trees to present an attractive appearance to the neighborhood.

(3)

Any site upon which a golf course is developed shall be landscaped and maintained in a neat and clean, live, healthy, and growing condition, properly watered and trimmed, free of any refuse, structure, or debris, for a distance of not less than 100 feet from any abutting property zoned for residential use.

(4)

All uses in the P-1 district shall provide the parking as determined to be required in the sole and exclusive discretion of the City.

(5)

The site development plan for a plot in the P-1 district shall provide for an arrangement and location of uses and facilities on the plot as to give maximum possible separation from, and protection to, contiguous and nearby residential property. Where the nature of the activities or facilities on the plot presents any potential hazard or detriment to contiguous residential properties from noise, glare, odors, smoke, vibration, flying objects, or traffic, protection to the contiguous residential properties shall be provided in the form of open space, fences, walls, hedges, enclosures, or by such other means as may be appropriate and effective to prevent or minimize the hazards.

(Ord. 599-77, passed 3-28-77; amend. Ord. 1076-2015, passed 1-12-15)

(A)

Uses permitted. Any building used for church services, Sunday school instruction, or other activities directly connected with the normal operation of a church.

(B)

Building height limits. The maximum building height shall be 40 feet.

(C)

Site. The minimum building site shall be governed by the number of off-street parking spaces which the site will accommodate, in proportion to the size of the building, as provided by this chapter, and subject to the limitations as herein provided for front, rear, and side yard requirements.

(D)

Front, side, and rear yard requirements. No structure in this area shall be built closer than 30 feet to the exterior property lines of the minimum building site as herein required.

(E)

Signs. See Signs, § 150-030.

(F)

Parking standards and requirements. See § 150-016.

(Code 1962, § 25-18; amend. Ord. 184.24, passed 9-8-58; amend. Ord. 599-77, passed 3-28-77; amend. Ord. 760-90, passed 3-26-90)

(A)

A nonconforming use of a building, or portion thereof, or of land, which use existed lawfully at the time of adoption or subsequent amendment of this chapter, may be continued, provided that:

(1)

No building which has been damaged by fire, explosions, act of God, or the public enemy, to the extent of more than 50 percent of the replacement value of the building immediately prior to the damage, shall be restored, except in conformity with the requirements of this chapter.

(2)

No building or portion thereof, or land used in whole or in part for nonconforming purposes according to the provisions of this chapter, which hereafter becomes and remains vacant for a continuous period of three months, shall again be used except in conformity with the regulations for the district in which the building or land is situated.

(3)

A nonconforming use of a building or land shall not be extended or enlarged.

(4)

A nonconforming structure that was erected, converted, or structurally altered in violation of the provisions of the ordinance which this chapter supersedes, shall not be validated by the adoption of this chapter, and the violations or any violations of this chapter may be ordered removed or corrected by the proper officials at any time.

(5)

The lawful use of land for storage purposes, or for advertising signs and billboards, which does not conform to the provisions of this chapter, shall be discontinued within three years from the date of the adoption of this chapter, and the uses of land which become nonconforming by reason of a subsequent change in this chapter shall also be discontinued within three years from the date of the change.

(6)

Whenever a nonconforming use of a building has been changed to a conforming use, the use shall not thereafter be changed to a nonconforming or less restricted use.

(7)

Once a nonconforming use is abandoned for a continuous period of three months, it cannot be reestablished until it conforms to the provisions of this chapter.

(B)

Nonconforming residential homes, multiple-family dwellings and commercial buildings that meet the following listed qualifications shall be exempt from the platting requirement of § 150-019 as provided herein:

(1)

Qualifications. Each property seeking to qualify for exemption pursuant to this section must meet all of the following conditions and requirements:

(a)

The property was initially platted as a separate lot or lots and was subsequently replatted as part of a tract of land, or the property was originally platted as a tract of land without individual lots.

(b)

The City issued a building permit for the construction of a single-family residential home, multiple-family dwelling or commercial building on the property while it remained part of a tract or land without being replatted.

(c)

The property has since remained part of a tract of land since the construction of the existing structure on the property.

(d)

The structure built on the property presently exists on the same portion of the tract upon which it was originally constructed.

(e)

The property conforms, in all other respects, to the City Code of Ordinances. If not, the property may still qualify for the exemption provided herein, if the property owner secures a variance from the City for whatever other violation or nonconformity may exist on the property.

(2)

Ordinance exemption. All qualified residential homes, multiple-family dwellings and commercial buildings shall be exempt from the prohibition of § 150-019 that no building permit shall be issued for any improvement or construction on any unplatted land within the City.

(3)

Limitation on exemption. The ordinance exemption provided herein shall not be applicable to building permits for the following:

(a)

Construction of a new residential home, multiple-family dwelling or commercial building on previously vacant and undeveloped property.

(b)

Construction of a new residential home, multiple-family dwelling or commercial building on property where a home, multiple-family dwelling or commercial building previously existed and was demolished.

(c)

Construction of additions to existing residential homes, multiple-family dwellings or commercial buildings, whether by new construction, or by renovation or the rebuilding of a portion of a partially demolished structure previously existing on the property, when the proposed addition is equal to, or exceeds, the size of the remaining portion of the structure that exists on the property.

(d)

Any construction or development that amends, extends, or revises the legal description of the property being improved.

(e)

Any construction or development on any property that has been created contemporaneously with, or subsequent to, the enactment of this section by the improper, unauthorized or illegal subdivision of a previously existing homesite or group of homesites, multiple-family dwelling or dwellings, commercial building or buildings.

(f)

Construction on any property that has been newly created by excavation or filling.

(g)

Construction on any property that has been newly created by the elimination of a body of water that previously existed thereon.

(4)

Caveat. The exemption provided by this section is only intended to be applicable to the City Code of Ordinances platting requirement therein.

(C)

Nonconforming homesite exemption from variance requirement. Existing single family residential homesite properties that have previously been permitted to be developed on platted or unplatted lots, or portions of lots, that fail to meet the City's minimum requirements for lot width, depth or total area, shall not be required to secure a variance for any such existing nonconformity as a condition of securing a building permit for any otherwise authorized and code compliant improvements to the existing property or the structures thereon.

(Code 1962, § 25-29; amend. Ord. 184, passed 2-8-54; amend. Ord. 340, passed 11-22-65; amend. Ord. 599-77, passed 3-28-77; amend. Ord. 781-91, passed 6-24-91; amend. Ord. 1026-2011, passed 9-12-11)