ZONING DISTRICTS
In order to classify, regulate and restrict the locations of trades, industries and the location of buildings designated for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of yards, courts and other open spaces within the surrounding such buildings, the city is hereby divided into the following named zoning districts:
(Ord. No. 234, § 31, 8-2-71; Ord. No. 257, 9-11-72)
The districts and boundaries of such districts are hereby established as shown on the map entitled "Mount Carmel Zoning District Map," dated August 2, 1971 which accompanies this ordinance and is on file in the office of the city clerk. Said map and all explanatory matter thereon are hereby adopted and made a part of this ordinance.
(Ord. No. 234, § 3-2, 8-2-71; Ord. No. 893, 2-26-07; Ord. No. 931, 3-9-09)
Where uncertainty exists with respect to the boundaries of the zoning districts shown on the zoning district map, the following rules apply:
A.
The district boundaries are either streets or alleys unless otherwise shown and where the districts designated on the zoning district map are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.
B.
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the zoning district map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated in the map.
C.
In unsubdivided property the district boundary lines on the zoning district map shall be determined by use of the scale appearing on the map.
(Ord. No. 234, § 3-3, 8-2-71)
All property hereinafter annexed to the city, not shown on the zoning district map shall be classified as a Class A-Agricultural district until this classification is changed by amendment to this ordinance.
(Ord. No. 234, § 3-4, 8-2-71)
Whenever any street, alley or other public way is vacated, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the centerline of such vacation and all area included in the vacation shall then and [t]henceforth by subject to all appropriate regulations of the extended districts.
(Ord. No. 234, § 3-5, 8-2-71)
A.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.
B.
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
C.
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
D.
The minimum yards and other open spaces, including lot area per family, required by this ordinance for each and every building existing at the time of passage of this ordinance or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building.
E.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot unless otherwise provided in this ordinance.
F.
The front yard requirements on both streets of a corner lot shall be observed for all buildings and structures including accessory buildings.
G.
No space, which for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this ordinance, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building.
H.
Any separate lot, the title of which was of record at the time of the adoption of this ordinance, that does not meet the requirements of this ordinance for yards, courts, or other area of open space may be utilized for single-family dwelling purposes, provided the requirements for such yard or court (or lot) area, width, depth or open space is within 75 per cent of that required by the terms of this ordinance. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.
I.
No building shall be constructed or erected upon a lot or parcel of land, which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of 25 feet unless an easement of lesser width was of record prior to the adoption of this amended ordinance.
J.
No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling except as otherwise provided in this ordinance.
K.
Nothing in this ordinance 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 adoption of this ordinance and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within two years from the date of passage and publication of this ordinance.
L.
An area indicated on the official zoning district map as a public park or recreation area, public utility area, cemetery, public school site, or semi-public open space, shall not be used for any other purpose, and when the use of such area is discontinued the use of the area shall thereafter conform to the use permitted in the district in which it is located.
(Ord. No. 234, § 3-6, 8-2-71)
All measurements and distances referred to in this ordinance relative to area regulations, intensity of use, accessory buildings and uses, building and set back lines, width, depth and size of lot shall be taken to refer to the lot as it is recorded on the effective date of this ordinance. Such measurements shall not include or take into consideration any areas which heretofore have been platted, dedicated, set aside or devoted for use as streets, alleys and public ways, whether or not such areas are actually being used for such purposes.
(Ord. No. 234, § 3-7, 8-2-71)
ZONING DISTRICTS
In order to classify, regulate and restrict the locations of trades, industries and the location of buildings designated for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of yards, courts and other open spaces within the surrounding such buildings, the city is hereby divided into the following named zoning districts:
(Ord. No. 234, § 31, 8-2-71; Ord. No. 257, 9-11-72)
The districts and boundaries of such districts are hereby established as shown on the map entitled "Mount Carmel Zoning District Map," dated August 2, 1971 which accompanies this ordinance and is on file in the office of the city clerk. Said map and all explanatory matter thereon are hereby adopted and made a part of this ordinance.
(Ord. No. 234, § 3-2, 8-2-71; Ord. No. 893, 2-26-07; Ord. No. 931, 3-9-09)
Where uncertainty exists with respect to the boundaries of the zoning districts shown on the zoning district map, the following rules apply:
A.
The district boundaries are either streets or alleys unless otherwise shown and where the districts designated on the zoning district map are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.
B.
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the zoning district map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated in the map.
C.
In unsubdivided property the district boundary lines on the zoning district map shall be determined by use of the scale appearing on the map.
(Ord. No. 234, § 3-3, 8-2-71)
All property hereinafter annexed to the city, not shown on the zoning district map shall be classified as a Class A-Agricultural district until this classification is changed by amendment to this ordinance.
(Ord. No. 234, § 3-4, 8-2-71)
Whenever any street, alley or other public way is vacated, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the centerline of such vacation and all area included in the vacation shall then and [t]henceforth by subject to all appropriate regulations of the extended districts.
(Ord. No. 234, § 3-5, 8-2-71)
A.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.
B.
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
C.
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
D.
The minimum yards and other open spaces, including lot area per family, required by this ordinance for each and every building existing at the time of passage of this ordinance or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building.
E.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot unless otherwise provided in this ordinance.
F.
The front yard requirements on both streets of a corner lot shall be observed for all buildings and structures including accessory buildings.
G.
No space, which for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this ordinance, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building.
H.
Any separate lot, the title of which was of record at the time of the adoption of this ordinance, that does not meet the requirements of this ordinance for yards, courts, or other area of open space may be utilized for single-family dwelling purposes, provided the requirements for such yard or court (or lot) area, width, depth or open space is within 75 per cent of that required by the terms of this ordinance. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.
I.
No building shall be constructed or erected upon a lot or parcel of land, which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of 25 feet unless an easement of lesser width was of record prior to the adoption of this amended ordinance.
J.
No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling except as otherwise provided in this ordinance.
K.
Nothing in this ordinance 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 adoption of this ordinance and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within two years from the date of passage and publication of this ordinance.
L.
An area indicated on the official zoning district map as a public park or recreation area, public utility area, cemetery, public school site, or semi-public open space, shall not be used for any other purpose, and when the use of such area is discontinued the use of the area shall thereafter conform to the use permitted in the district in which it is located.
(Ord. No. 234, § 3-6, 8-2-71)
All measurements and distances referred to in this ordinance relative to area regulations, intensity of use, accessory buildings and uses, building and set back lines, width, depth and size of lot shall be taken to refer to the lot as it is recorded on the effective date of this ordinance. Such measurements shall not include or take into consideration any areas which heretofore have been platted, dedicated, set aside or devoted for use as streets, alleys and public ways, whether or not such areas are actually being used for such purposes.
(Ord. No. 234, § 3-7, 8-2-71)