This title shall be known, cited and referred to as the MOMENCE ZONING ORDINANCE. (Ord. 233, 7-3-1978)

This title is adopted for the following purposes:

   (A)   To promote and protect the public health, safety, morals, comfort and general welfare of the people;

   (B)   To divide the city into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for residence, business and manufacturing and other specified uses;

   (C)   To protect the character and the stability of the residential, business and manufacturing areas within the city and to promote the orderly and beneficial development of such areas;

   (D)   To provide adequate light, air, privacy and convenience of access to property;

   (E)   To regulate the intensity or use of lot areas, and to determine the area of open spaces surrounding buildings, necessary to provide adequate light and air and to protect the public health;

   (F)   To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas;

   (G)   To fix reasonable standards to which buildings or structures shall conform therein;

   (H)   To prohibit uses, buildings or structures incompatible with the character of development or intended uses within the specified zoning districts;

   (I)   To prevent additions to, or alteration or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;

   (J)   To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off street parking of motor vehicles and the loading and unloading of commercial vehicles;

   (K)   To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;

   (L)   To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them;

   (M)   To conserve the taxable value of land and buildings throughout the city;

   (N)   To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; and

   (O)   To define and limit all the powers and duties of the administrative officers and bodies as provided herein. (Ord. 233, 7-3-1978)

No buildings or structures shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located. (Ord. 233, 7-3-1978)

In interpreting and applying the provisions of this title, said provisions shall be held to be the minimum requirements for the promotion of the safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this title to interfere with, abrogate, annul or repeal any ordinances, rules or regulations previously adopted, and not in conflict with any of the provisions of this title or which shall be adopted, pursuant to law relating to the use of buildings or premises, nor is it intended by this title to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that where this title imposes a greater restriction upon the use of land, buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other ordinances or such other easements, covenants or agreements, the provisions of this title shall control. (Ord. 233, 7-3-1978)

No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved by the building inspector, and no permit or license shall be issued by any other city department, which would authorize the use or change in use of any land or building contrary to the provisions of this title, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this title. (Ord. 233, 7-3-1978)

   (A)   No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height or bulk, a higher percentage of lot coverage or smaller open space about it than permissible under the limitations set forth herein for the district in which such building is located; except, that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, stage towers or scenery lofts, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provision when erected in accordance with all other regulations of the city.

   (B)   No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard, or court, or other open space, or lot area requirements of this title shall thereafter by reason of change in ownership or for any other reason, be used to satisfy the yard, court, open space or lot area requirements of any other building or dwelling group.

   (C)   An open terrace may occupy a front yard, provided the unoccupied portion of the front yard has a depth of not less than fifteen feet (15'). A one story bay window may project into a front yard not more than three feet (3').

   (D)   No usable open space or off street parking space or loading space existing or provided hereafter for any building shall be reduced below the minimum requirements hereinafter set forth for such usable open space, parking space or loading space, nor further reduced if already less than said minimum requirements. (Ord. 233, 7-3-1978)

When two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use upon application and approval by the zoning board of appeals 1 . (Ord. 233, 7-3-1978)

Except as otherwise provided for in this title, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street. (Ord. 233, 7-3-1978)

Nothing in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date hereof and upon which building, actual construction has been diligently carried; and provided further, that such building shall be completed within one year from the effective date hereof. (Ord. 233, 7-3-1978)

Every building hereafter erected or structurally altered to provide dwelling units, shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot. (Ord. 233, 7-3-1978)

   (A)   An accessory building may not be located nearer to any interior lot line than that permitted for the principal building, when any part of the accessory building is on line with the principal building, if extended.

   (B)   An accessory building shall not be erected prior to the establishment or construction of the principal building to which it is accessory, or to which it is intended to be accessory.

   (C)   No accessory building shall be located on a reversed corner lot beyond the front yard required on the adjacent lot to the rear, nor be located nearer than ten feet (10') to the side lot line of the adjacent lot. (Ord. 233, 7-3-1978)

   (D)   No accessory or secondary building shall have side walls higher than nine feet (9') in height when measured from ground level and no such accessory or secondary building shall have a peak of more than eighteen feet (18'); provided, however, that, notwithstanding said height limitations, no such accessory or secondary building shall have a higher peak than the principal building on said property or the principal building on any contiguous property to the property upon which the accessory or secondary building is to be constructed. (Ord. 356, 10-3-1988)

An area indicated on the zoning map as a public park, recreation area, public school site, cemetery or other similar open space, shall not be used for any other purpose than that designated; and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the city council within three (3) months after the date of application filed for rezoning. (Ord. 233, 7-3-1978)

Fees pertaining to petitions for zoning amendments, use permits, certificates of compliance, variation and for appeals to the zoning board of appeals, shall be established by action of the city council from time to time. Such fees shall be paid to the city clerk, who shall give a receipt therefor and account for same at regular intervals to the city council. (Ord. 233, 7-3-1978)