(A)   In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.

   (B)   Where the conditions imposed by any provision of this chapter upon the use of land or buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall govern. The most recently passed ordinance shall prevail.

   (C)   This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive, or impose higher standards or requirements than easements, covenants, or other private agreements, the requirements of this chapter shall govern.

   (D)   No building, structure, or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that, and in the manner that, the unlawful building, structure, or use is in conflict with the requirements of this chapter, the building, structure, or use remains unlawful hereunder.

('69 Code, App. A, §§ 4.1 and 4.2) (amend. Ord. O-13-09, passed 4-21-09)

   (A)   All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the districts in which the building, uses, or land shall be located.

   (B)   Where, however, a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this chapter, and provided that construction is begun within one year from the effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and, further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of § 153.27, nonconforming uses, buildings, and structures.

('69 Code, App. A, § 4.3)

   (A)   Not more than one principal residential building shall be located on any lot. A principal detached building shall not be located on the same lot with any other principal building. Accessory buildings and detached garages are not principal buildings.

   (B)   Not more than one detached garage and two accessory buildings shall be located on any lot. Any detached garage shall not exceed a total square footage of 660 square feet with a maximum height of 15 feet.

   (C)   If a lot is located within the Harlem Avenue Overlay District, multiple buildings may be permitted on that lot according to the provisions of Chapter 153.

(‘69 Code, App. A, § 4.4) (Amend. Ord. O-18-83, passed 12- 6-83; amend. Ord. O-22-06, passed 8-15-06; amend. Ord. O-38-15, passed 10-6-15; amend. Ord. O-24-17, passed 6-20-17)

   (A)   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)   The only accessory buildings permitted on any lot at any time shall be the following:

      (1)   A detached garage of the size permitted by § 153.12(B); and

      (2)   A garden shed as defined by § 153.03 and permitted by § 153.14;

      (3)   A recreational building as defined by § 153.03 and permitted by § 153.14.

(‘69 Code, App. A, § 4.5; amend. Ord. O-18-83, passed 12-6-83; amend. Ord. 88-30, passed 5-17-88; amend. Ord. O-11-16, passed 5-3-16; amend. Ord. O-14-16, passed 6-7-16; amend. Ord. O-24-17, passed 6-20-17)

   (A)   Garden sheds and recreational buildings as defined in § 153.03 shall not have a floor area exceeding 144 square feet with a maximum height of 12 feet, no exceptions.

   (B)   The rear yard and side yard setback requirements for garden sheds and recreational buildings hall be a minimum of five feet, and shall be located behind the front building line of the principal building or behind the garage.

(Ord. O-8-77, passed 1-18-77; amend. Ord. O-19-78, passed 8-1- 78; amend. Ord. O-18-83, passed 12-6-83; amend. Ord. O-05-04, passed 1-20-04; amend. Ord. O-23- 06, passed 8-15-06; amend. Ord. O-36-11, passed 8-16-11; amend. Ord. O-12-16, passed 5-3-16; amend. Ord. O-24-17, passed 6-20-17)

   The following regulations shall apply to house trailers:

   (A)   A house trailer shall not be considered to be permissible as an accessory building or as a principal building.

   (B)   No person shall park, store, or occupy a house trailer, except that a house trailer may be used as a temporary office or shelter incidental to construction on or development of the premises on which the trailer is located, only during the time construction or development is actively underway.

('69 Code, App. A, § 4.6)

   (A)   In the following cases:

      (1)   When any building or structure is hereafter erected or any use of land hereafter established, or

      (2)   When the intensity of use of any building or structure or premises is increased, or

      (3)   When any existing use of a building or structure is changed or converted to a new use.

   (B)   The following minimum requirements shall apply:

      (1)   Location. All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over 2-ton capacity shall be closer than 50 feet to any property in a residence district. No permitted or required loading berth shall be located within 25 feet of the nearest point of intersection of any 2 streets. No loading berth shall be located in a required side yard, and any loading berth located in a required rear yard shall be open to the sky.

      (2)   Size. Unless otherwise specified, a required loading berth shall be at least 10 feet in width by at least 25 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet.

      (3)   Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements, and subject to approval by the plan commission.

      (4)   Surfacing. All open off-street loading berths shall be improved with a compact macadam base not less than 7 inches thick, surfaced with not less than 2 inches of asphaltic concrete or some comparable all-weather dustless material.

      (5)   Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any business districts.

      (6)   Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

      (7)   For special uses other than prescribed for hereinafter, loading berths adequate in number and size to serve such use, as determined by the planning commission, shall be provided.

      (8)   Uses for which off-street loading facilities are required herein but which are located in buildings of less floor area than the minimum prescribed for the required facilities shall be provided with adequate receiving facilities off any adjacent alley, service drive, or open space on the same lot which is accessible by motor vehicle.

('69 Code, App. A, § 4.7)

   (A)   Auditoriums, convention halls, exhibition halls, sports arenas, stadiums. For buildings containing 10,000 square feet of floor area, one loading berth shall be provided, plus one additional loading berth for each additional 10,000 square feet of floor area or fraction thereof. Each loading berth shall be not less than 10 feet in width by 50 feet in length.

   (B)   Hospitals, sanitariums, and other similar institutional uses. For buildings having 10,000 to 200,000 square feet of floor area, one off-street loading berth shall be provided, plus one additional loading berth for each additional 100,000 square feet of floor area or fraction thereof.

   (C)   Retail stores. Loading berths shall be provided in accordance with the following schedule:

      (1)   Gross floor area of         Required number
         establishment of         and size berths.
         thousands of square feet.

         1 to 10               1 - (10 feet x 25 feet)
          10 to 25            2 - (10 feet x 25 feet each)

          25 to 40            2 - (10 feet x 50 feet each)
          40 to 100            3 - (10 feet x 50 feet each)

         100 to 250            4 - (10 feet x 50 feet each)

      (2)   For each additional 200,000 square feet of floor area or fraction thereof over 250,000 square feet of floor area, one additional loading berth shall be provided, the additional berth to be at least 10 feet in width by 50 feet in length.

   (D)   Banks, business or professional offices, public administration buildings. For buildings containing 10,000 to 100,000 square feet of floor area, one loading berth shall be provided; for each additional 100,000 square feet of floor area to 500,000 square feet, one additional loading berth shall be provided, plus one additional loading berth for each additional 500,000 square feet of floor area or fraction thereof in excess of 500,000 square feet.

   (E)   Furniture and appliance stores, household equipment or furniture repair shops, wholesale stores, establishments handling the sale and consumption of alcoholic beverages, food, or refreshments on the premises. The loading requirements for retail stores shall apply to these uses.

   (F)   Hotels, private clubs, and lodges containing retail shops, convention halls, auditoriums, exhibition halls, or business or professional offices (other than accessory). For buildings containing 10,000 to 150,000 square feet of floor area, one loading berth shall be provided, plus one additional loading berth for each additional 150,000 feet of floor area or fraction thereof. Each loading berth for buildings in excess of 20,000 square feet of floor area shall be not less than 10 feet in width by 50 feet in length.

   (G)   Hotels, private clubs, and lodges containing no retail shops, convention halls, auditoriums, exhibition halls, or business or professional offices (other than accessory). For buildings having 10,000 to 200,000 square feet of floor area, one off-street loading berth shall be provided, plus one additional loading berth for each additional 200,000 square feet of floor area or fraction thereof.

   (H)   Bowling alleys. For buildings containing 10,000 to 100,000 square feet of floor area, one loading berth shall be provided, plus one additional loading berth for each additional 100,000 square feet of floor area or fraction thereof.

   (I)   Theaters. For buildings containing 8,000 to 25,000 square feet of floor area, one loading berth shall be provided, plus one additional loading berth for each additional 50,000 square feet of floor area or fraction thereof.

   (J)   Undertaking establishments, funeral parlors. For buildings containing l,000 to 100,000 square feet of floor area, one loading berth shall be provided, plus one additional loading berth for each additional 100,000 square feet of floor area or fraction thereof.

   (K)   Printing and publishing, ware-housing and storage, any production, processing, cleaning, servicing, testing, or repair of materials, goods, or products. For buildings containing 5,000 to 40,000 square feet of floor area, one loading berth shall be provided. For buildings containing 40,000 to 100,000 square feet of floor area, 2 loading berths shall be provided, plus one additional loading berth for each additional 100,000 square feet of floor area or fraction thereof. Each loading berth for buildings in excess of 20,000 square feet of floor area shall be not less than 10 feet in width by 50 feet in length.

('69 Code, App. A, § 4.7-1)

   Off-street parking spaces for motor vehicles allowed in business districts shall be provided in accordance with the minimum regulations set forth hereinafter:

   (A)   Computation. When determination of the number of off-street parking spaces required by this section results in a requirement of a fractional space, any fraction of 1/2 or less may be disregarded, while a fraction in excess of 1/2 shall be counted as one parking space.

   Any nonconforming use, building, or structure which existed lawfully at the date of the adoption of this chapter and which remains nonconforming, and any use, building, or structure which shall become nonconforming upon the date of the adoption of this chapter or any subsequent amendment hereto, may be continued, or converted to a conforming use, provided that:

   (A)   No structural alterations shall be made to a nonconforming building or structure, except as may be required by law, or to make the building, or structure, and use thereof conform to the regulations of the district in which located;

   (B)   No nonconforming building or structure shall be moved in whole or in part to any new location, unless made to conform to all regulations of the district to which moved;

   (C)   A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration of the destroyed or damaged portion shall exceed 50% of the cost of the restoration of the entire building new, shall not be restored unless made to conform to all regulations of the district in which located;

   (D)   Any nonconforming building or structure which is or hereafter becomes vacant and remains unoccupied or is not used for a continuous period of one year shall not thereafter be occupied or used except by a use which is conforming;

   (E)   Any nonconforming use which is discontinued for a period of one year shall not be renewed;

   (F)   No nonconforming building, structure, or use shall be enlarged, expanded, or extended, nor shall any such building, structure, or use be changed to another nonconforming use.

   Landscaping of green areas is to be shown on construction plans and renderings. It is expected that all trees, shrubs and landscaping shown and approved will be developed; for example, if 100-year old pine trees are shown in artist's renderings, the construction must include 100-year old pine trees. All grass, whether seeded or sodded, trees, and shrubs must be guaranteed for one year from the last planting.

   (A)   Landscape drawings prepared by a landscape architect for the construction plan are required. A plant list for the construction plan and the drawings must contain the names (common and botanical) of the plants, the sizes of the plants to be planted, the quantities of each species, and the spacing of plants.

   (B)   A landscape buffer is required between a non-single family residential district and an adjacent single family residential zoning district. The buffer should consist of heavy screening or a landscaped berm. Where used, the berm length and height and the surrounding terrain elevation must be indicated.

   (C)   A total cost estimate of landscaping for the construction must be given in January l dollars for the current year. Twenty percent of the total landscaping costs should be deposited in escrow with the city before building permits are granted. The 20% landscaping deposit will be held in escrow for a period of one year past the time of planting and will be refunded on approval of the city of the last planting.

   (D)   All plans, renderings, and exhibits presented before the boards in connection with the construction become the property of the city and are not returned to the contractor, but maintained in the city's files. The contractor may be required to reduce the above to file cabinet size at the request of the city.

   (E)   Landscaping of green areas relating to parking facilities shall also conform to the requirements therefor set out in § 153.18.