The regulations set forth in this article supplement or modify the district regulations appearing elsewhere in this chapter.

(Ord. No. 296, art. XV, § 1, 9-15-1987)

(a)

Building material or temporary structures for construction purposes shall not be placed or stored on any lot or parcel of land before appropriate building permits have been approved by the building inspector and issued by the city clerk. Such building materials and temporary structures shall be removed upon completion or abandonment of the construction work.

(b)

Utility structures including, but not limited to, poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telephone or telegraph service and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water or other fluids, may be constructed, erected, repaired, maintained or replaced within any district within the city. This is not to be construed, to include the erection or construction of buildings or electric substations.

(c)

Railroad facilities, including main line tracts switching spurs, control signals, poles, and wires or similar facilities (but not yards or service facilities) needed for operating railroad trains, may be constructed, repaired, maintained or replaced in any residential district or in the B-1 district, and these as well as terminal facilities, including passenger or freight stations, team tracts, and storage yards are permitted in the M-1 and M-2 districts.

(Ord. No. 296, art. XV, § 2, 9-15-1987)

(a)

Chimneys, cooling towers, elevator bulkheads, head houses, fire towers, gas tanks, lighthouses, penthouses, stacks, stage towers or scenery lofts, tanks, water towers and spires, wireless, television or radio towers or necessary mechanical appurtenances, where permitted, may be erected to any height not in conflict with existing or hereafter adopted ordinances of the city, except that, where permitted in connection with residential uses, such structures shall be limited to a height of 25 feet above the maximum height of structures permitted in that district. Such exception relative to residential uses shall become effective immediately to new structures and within one year after its adoption in relation to structures existing at the time of the adoption of this chapter.

(b)

The limitation on number of stories shall not apply to buildings used exclusively for storage purposes; provided, however, that such buildings do not exceed the height in feet permitted in the district in which located.

(c)

Public or semipublic buildings including, but not limited to, hospitals, schools and churches, when permitted in a district with height limitations of less than 60 feet, may be erected to a maximum height of 60 feet; provided, however, that side yards are increased by one foot for each foot of additional building height above the height limitation for the district in which the building is located.

(Ord. No. 296, art. XV, § 3, 9-15-1987)

Where a lot of record at the time of the effective date of this ordinance from which this article is derived had less area or width than herein required for the district in which it is located, said lot may nonetheless be used as a building site provided the yard space and other requirements conform as closely as possible in the opinion of the board of zoning adjustment to the requirements for the district in which it is located. However, when two or more nonconforming lots exist, together, with continuous frontage and under single ownership, said lots shall be resurveyed to conform as closely as possible with the provisions of this article.

(Ord. No. 296, art. XV, § 4, 9-15-1987)

(a)

Every part of a required yard shall be open to the sky unobstructed by any structure or part of a structure and unoccupied for storage, servicing or similar use except as provided in this section.

(b)

Sills, beltcourses or ornamental features may project into any yard not to exceed six inches.

(c)

Cornices or eaves may project into any required yard not to exceed 18 inches.

(d)

Terraces, uncovered porches, underground fallout shelters or ornamental features which do not extend more than five feet above grade may project into a required yard, provided that such projections be not closer than two feet to any lot line.

(e)

More than one multiple dwelling, institutional, commercial or industrial building may be located upon a lot or tract, but such buildings shall not encroach upon the front, side and rear yards required by the district regulations and for multiple dwellings the open space between buildings measured at the closest point shall not be less than 20 feet for a one-story building, 30 feet when one or both are two-story buildings, and 40 feet when one or both are three-story or more buildings.

(f)

Where an open space is more than 50 percent surrounded by residential or institutional buildings, the minimum width of the open space shall be at least 20 feet for one-story buildings, 30 feet for two-story buildings and 40 feet for three-story or more buildings.

(g)

In a residence district, no required yard except the rear and side yards shall be used for the location of a private swimming pool, and, if constructed, such pool shall be enclosed by a fence of not less than four feet in height; provided, however, that the owner of any existing pool shall be allowed a period of six months from the effective date of Ordinance No. 296 in which to provide a fence for such pool as required. No mechanical appurtenance or pool shall be within ten feet of any lot line.

(h)

In a residential district, no required yard except the rear yard shall be used for the location of a satellite earth station or dish television antenna, and such antenna shall be located not less than ten feet from the rear and side lot lines. These antennas/earth stations shall be neutral in color and, to the greatest extent possible, compatible with the appearance and character of the neighborhood in which they are located.

(Ord. No. 296, art. XV, § 5, 9-15-1987)

The required front yards heretofore established shall be modified in the following cases:

(1)

Where 40 percent or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of five feet or less) a front yard greater or lesser in depth than required in this section, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

(2)

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that do not have a front yard as described in this section, then:

a.

Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings; or

b.

Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

(3)

Through lots shall provide the required front yard on both sides.

(4)

Corner lots shall provide a front yard on each street side. However, the buildable width of a lot of record need not be reduced to less than 28 feet; provided, however, that the side yards shall in no case be reduced to less than that otherwise required for the zone district. No accessory building shall project into the front on either street.

(5)

Permitted signs attached to buildings may extend into a front yard of the required yard abutting a side street not to exceed 18 inches.

(6)

Service station pumps and pump islands may be located within a required front yard, but in no case shall they be closer than 15 feet to any street line.

(Ord. No. 296, art. XV, § 6, 9-15-1987)

The rear yards heretofore established shall be modified in the following cases:

(1)

Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear yard.

(2)

An unenclosed balcony, porch steps or fire escape may project into a rear yard for a distance not exceeding ten feet.

(3)

Accessory buildings and structures may be built in a rear yard, but such accessory buildings and structures shall not occupy more than 30 percent of the required rear yard and shall not be nearer than three feet to any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than five feet to the alley line.

(Ord. No. 296, art. XV, § 7, 9-15-1987)

(a)

No wall or fence located on any property within a residential district shall be erected, installed, constructed or otherwise structurally altered until a licensed contractor or the homeowner secures a building permit from the city.

(b)

No building permit shall be issued by the city until an application for said permit has been submitted by a licensed contractor or the homeowner to the building inspection department and the building inspector has reviewed the application and viewed the property upon which the fence or wall is located, so as to ensure that the erection, installation, construction or structural altercation of the wall or fence is in compliance with the requirements of these provision or any other provision of the Code.

(c)

The application for a building permit for the erection, installation, construction or structural altercation of any wall or fence shall contain the following plans and specifications:

(1)

A map or survey of the lot upon which the wall or fence is to be located, with the location of the wall or fence marked thereon. The property owner is responsible for placing the wall or fence within their lot lines;

(2)

The dimensions of the fence or wall, including the height, width and length;

(3)

The estimated cost of the erection, installation, construction or structural altercation; and

(4)

A list and description of the materials used.

(d)

No wall or fence shall exceed six and one-half feet in height and no wall or fence shall extend beyond the front building line, which, for the purposes of this article, shall be that line generally parallel to the street right-of-way line at a distance equal to the depth of the front yard required for the zoning district in which the lot is located except that decorative wooden or vinyl fences, such as rail or picket fences, will be permitted on residentially zoned property as long as such fences do not block the view of the property from the street and do not act as a privacy fence to the subject property. It is the intent of this section to specifically permit the construction of decorative, wooden or vinyl fences as an architectural accent to any residential property so long as the front yard fences do not obstruct the view of the property from the street, do not exceed the height of 48 inches and shall be constructed no closer than 12 feet from the point at which the pavement of any road way begins. However, nothing herein shall be construed to permit the erection, installation or construction of a chain link fence within the front yard of any property located within a residential district. Any special needs for through lots, safety or security, as related to any wall or fence, may be presented to the planning and zoning board for consideration and approval, including a situation which involves the erection, installation, construction or structural altercation of a retaining wall.

(e)

In the case of a lot with more than one front yard (corner or double frontage lots), all frontage will be considered frontage and the same restrictions shall apply.

(Ord. No. 296, art. XV, § 8, 9-15-1987; Ord. No. 2015-516, §§ 1—5, 1-5-2015)

(a)

For the purpose of this chapter, greenbelts are intended to buffer or separate incompatible land uses as well as minimize the adverse effects that are inherent with these different land uses that are permitted in each respective zone district. One example would include minimizing the effect that noise, lighting, hours of operation, etc. produced by a commercial establishment would have on adjacent residential areas.

(b)

A greenbelt can include any manmade or natural barrier such as planted trees or shrubs, a combination of trees and/or shrubs, or vegetation which exists on the site where a barrier is needed. Any combination of evergreen trees or shrubs, evergreen trees and other deciduous trees (hardwoods) is acceptable as long as the visual barrier will be uniformly dense at the minimum heights required.

(Ord. No. 296, art. XV, § 9, 9-15-1987)

Cross reference— Vegetation, ch. 94.

(a)

Specific widths for greenbelts are specified in each respective zone district for certain uses. If planted, (manmade) a greenbelt shall be a growing strip so planted that within one full growing season after installation, such planting strip shall provide a visually impervious barrier, uniformly dense at all heights from the ground, and a minimum of four feet tall throughout the entire surface area of the greenbelt shall be planted with trees and/or shrubs. Within three full growing seasons after installation, such planting strip shall have reached a height of six feet or greater.

(b)

Where natural barrier (vegetation, shrubs and/or trees) exists on a piece of property when application is made for a building permit, a strip of natural vegetation shall be left undisturbed until the building inspector has evaluated it with regard to the width requirements set forth in this chapter for that specific use and zone. The planning commission may require that the developer retain a portion of the natural vegetation as a greenbelt where natural vegetation (trees and/or shrubs) already exists, rather than require a manmade planting strip, provided that it meets density and height requirements.

(c)

In special cases where the side and/or rear yards are inadequate to meet the width requirements for a greenbelt as set forth in each respective zone district, or in other unique circumstances, the planning commission shall determine, based upon information provided during the preliminary and final plat review process or other pertinent information requested, the appropriate greenbelt dimensions for a specific use. The planning commission may, in appropriate cases, require a fence or solid wall be provided as a buffer in lieu of a greenbelt.

(d)

The greenbelt requirement may be waived altogether by the planning commission if two different zone districts abut each other, but are separated by a street or alley of adequate width to provide the desired separation.

(e)

Where the view from the adjoining district is blocked by a change in grade or other natural or manmade features, a greenbelt shall not be required. Where, because of soil conditions or intense shade, the planting strip cannot be expected to thrive, a six-foot high wooden fence or masonry wall may be substituted.

(Ord. No. 296, art. XV, § 10, 9-15-1987)

Cross reference— Vegetation, ch. 94.

The maintenance of all required greenbelts or fences required shall be the responsibility of the parties required to provide them and shall not be the responsibility of the city. The city building inspector shall have the authority to determine whether or not a greenbelt or buffer is being maintained in a satisfactory and safe manner, and if the determination is made by him upon inspection that such is not being done, the owner or responsible parties shall be notified in writing by the building inspector as to what specific measures are needed to bring the greenbelt or buffer up to acceptable standards.

(Ord. No. 296, art. XV, § 11, 9-15-1987)

Cross reference— Vegetation, ch. 94.

_____

Off-street parking and loading regulations for residential dwellings are as follows:

(Ord. No. 296, art. XIV, § 1, 9-15-1987)

Off-street parking and loading regulations for public and semipublic uses are as follows:

(Ord. No. 296, art. XIV, § 2, 9-15-1987)

Off-street parking and loading regulations for public and private schools are as follows:

(Ord. No. 296, art. XIV, § 3, 9-15-1987)

(a)

Off-street parking and loading regulations for commercial and industrial establishments shall be as follows:

(b)

For uses not specifically mentioned in subsection (a) of this section, the following requirements shall apply:

(Ord. No. 296, art. XIV, § 4, 9-15-1987)

_____

In applying the standards of section 98-561, the following rules shall apply:

(1)

A parking space shall be nine feet wide and 20 feet long.

(2)

The parking space requirement for a use which is not specifically mentioned in this chapter shall be the same as required for a use of similar nature.

(3)

In the case of mixed or joint uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(4)

These standards shall apply fully to all uses and buildings established after the effective date of Ordinance No. 296.

(5)

These standards shall apply to all additions, expansions, enlargements or reconstructions on the basis of the addition, expansion, enlargement or reconstruction only.

(Ord. No. 296, art. XIV, § 5, 9-15-1987)

(a)

In all residential districts required off-street parking shall be provided on the same lot as the use to which the parking pertains. In other districts, such parking may be provided either on the same lot or an adjacent lot, not in one of the above districts, when an increase in the number of spaces is required by a change in use or enlargement of the building served, or where such spaces are provided collectively or used jointly by two or more buildings or establishments.

(b)

Up to 50 percent of the parking spaces required for theatres, public auditoriums, bowling alleys, and up to 100 percent of the parking spaces required for a church auditorium may be provided and used jointly by establishments not normally open, used or operated during such periods provided that written agreement thereto is properly executed and filed as specified in this section.

(c)

In any case where the required spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby ensuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the city attorney and shall be filed with the application for a building permit, and shall be in full force and effect until release by resolution of the city council.

(d)

All parking areas shall be provided with safe entrance to and exit from the public thoroughfare. A permit for the location of such entrances and exits shall be obtained from the planning and zoning commission which shall also approve the design and construction thereof in the interest of safety, adequate drainage and other public requirements.

(e)

No off-street parking spaces, except for residential uses shall be entered or exited directly from a public street or alley.

(f)

The use of any required parking space for the storage of any motor vehicle for sale, repair, or any other purpose other than the temporary parking of motor vehicles, is prohibited.

(Ord. No. 296, art. XIV, § 6, 9-15-1987)

On the same premises with every building or structure involving the receipt or dispatch of vehicles as a necessity for, or incidental to, the operation, or use of the building, there shall be provided and maintained adequate space for standing, loading and unloading services, in order to avoid undue interference with public use of streets or alleys. Each such space shall have a minimum of 14 feet wide by 40 feet long, where vans are to be received or a minimum of 14 feet wide by 60 feet long, where tractors and semitrailers are to be received.

(Ord. No. 296, art. XIV, § 7, 9-15-1987)

All loading areas shall be provided with safe entrance to and exit from the public thoroughfare. The planning and zoning commission of the city shall approve the design and construction of loading areas in the interests of safety, adequate drainage and other public requirements. The entire loading area shall be paved and graded to facilitate proper and adequate drainage.

(Ord. No. 296, art. XIV, § 8, 9-15-1987)

In this division certain land use activities are identified for special zoning treatment. The nature of these uses is such that when properly regulated they are appropriate in several zones. In order to bring about the proper integration of these uses into the community's land use pattern, a special set of standards is provided for each use. Review of these standards will tend to maintain compatibility with adjoining land uses. It is intended that the planning board will review all proposals for these special uses for compliance with the appropriate standards before application for building permits are approved.

(Ord. No. 296, art. XVI, 9-15-1987)

Except when in conformance with the provisions of this division no building or structure or part thereof shall be erected or altered or used, or premises used, in whole or in part, when such building, structure, or part thereof, or premises is designed for or intended to be used for one or more of the following specified uses:

(1)

Planned shopping center.

(2)

Drive-in restaurant.

(3)

Gasoline service station.

(4)

Hospitals, convalescent homes, nursing homes, sanitariums and retirement homes.

(5)

Cemeteries.

(6)

Recreational vehicle or mobile/manufactured home parks.

(7)

Industrial parks.

(8)

Apartments or multifamily housing developments.

(9)

Home occupations.

(10)

Miniwarehouse.

(Ord. No. 296, art. XVI, § 1, 9-15-1987)

All uses specified in this division shall require prior approval by the planning commission as a prerequisite to issuance of a permit. Consideration for approval by the planning commission shall require the submission of evidence of intent to comply with requirements herein specified. The submission of a site development plan in conformance with sections 98-594 and 98-601 shall be required for all uses applicable to this division. Such other evidence as may be required may take the form of certifications, specifications, building plans and other pertinent drawings and documents.

(Ord. No. 296, art. XVI, § 2, 9-15-1987)

(a)

Location. No building or structure or part of a structure which is integral to a planned shopping center shall be erected in any zone other than B-1 and B-2.

(b)

Requirements.

(1)

A market analysis showing the economic feasibility of the proposed shopping center.

(2)

A site development plan which provides for:

a.

A minimum site depth of 300 feet.

b.

An integrated parking area as specified in article XIII of this chapter.

c.

Convenient vehicular servicing of the buildings, satisfactory circulation of traffic in the parking area and no undue interference with through traffic in gaining ingress to and egress from said proposed site.

d.

A greenbelt not less than 20 feet wide where the shopping center abuts a residential zone.

e.

A building group that is architecturally unified.

f.

Vehicular loading space in conformance with division 9 of article III of this chapter.

g.

Convenient and safely located pedestrian walkways.

(3)

A traffic analysis indicating the estimated effect of the proposed shopping center on adjacent existing street traffic, including volume flows to and from the shopping centers, prepared by a registered professional engineer.

(4)

A preliminary plan or engineering feasibility report providing for the site grading, storm drainage, sanitary sewerage and water supply, prepared by a registered professional engineer.

(5)

A copy of a brief of intended deed restrictions.

(c)

Performance bond. A performance bond shall be required by the planning commission to guarantee that the planned shopping center development shall be erected and constructed and the land developed in accordance with the requirements of the site development plan and proposals of the developers, as finally approved by the planning commission. The city shall be an obligee named in such bond. The bond shall be in an amount fixed by the planning commission, with such surety as may be approved by the city clerk; provided, however, that any corporate surety must be qualified to do business in the state; and provided further, that such bond shall be in an amount equal to not less than ten percent of, nor more than, the estimated cost of the proposed development, as specified in the application for the building permit issued for the development.

(Ord. No. 296, art. XVI, § 3, 9-15-1987)

(a)

Location. No building or structure or part of a structure, which is integral to a drive-in restaurant, shall be erected in any zone other than B-2.

(b)

Requirements.

(1)

A four-foot high solid masonry wall shall be located on all boundary lines of such drive-in restaurant premises not bounding a public street.

(2)

The front yard and any side yard adjacent to a public street shall be provided with a ten-foot wide greenbelt, except where driveway openings are necessary for ingress to and egress from the site.

(3)

A preliminary plan or engineering feasibility report providing for the site grading, storm drainage, sanitary sewerage and water supply, prepared by a registered professional engineer.

(4)

Fixed lighting shall be so arranged so as not to shine, reflect, or glare into surrounding areas or public streets.

(5)

The outside premises of any drive-in restaurant shall be cleared of all used paper, trash, and other waste materials at least once every six hours prior to closing.

(6)

Drive-in restaurants shall not be permitted to install and maintain loudspeakers or jukeboxes in a manner in which sounds coming therefrom can be heard outside the restaurant building.

(7)

Off-street parking space for drive-in restaurants shall be provided in accord with division 9, article III of this chapter.

(c)

Performance bond. A performance bond shall be required by the planning commission to guarantee that the drive-in restaurant development shall be erected and constructed and the land developed in accordance with the requirements of this chapter and the provisions of the site development plan and proposals of the developers, as finally approved by the planning commission. The city shall be an obligee named in such bond. The bond shall be in an amount fixed by the planning commission, with such sureties as may be approved by the city clerk; provided, however, that any corporate surety must be qualified to do business in the state; and provided further, that the bond shall be in an amount equal to not less than ten percent of, nor more than, the estimated cost of the proposed development, as specified in the application for the building permit issued for the development.

(Ord. No. 296, art. XVI, § 4, 9-15-1987)

(a)

Location. No gasoline service station or building, or structure, or part of a structure which is integral to a gasoline service station shall be erected in any zone other than B-2, M-1 and M-2.

(b)

Requirements.

(1)

Gasoline service stations shall observe all regulations for such structures and their uses as required by the laws of the state and any applicable ordinance of the city.

(2)

No gasoline service station shall be constructed on other than corner lots in platted areas.

(3)

No gasoline service station shall hereafter be located and no property shall be used as such closer than 500 feet from places of public assembly, nor shall any gasoline service station be located closer than 750 feet, measured along the same side of the street, to an existing gasoline service station without the express approval of the building inspector and without the express consent of the planning board.

(4)

Gasoline service stations shall provide a front yard and a side yard of not less than 20 feet. Such front and side yard shall not be used for vehicles or other storage or for any service facility other than the approach drives. No portion of the service driveway apron shall be permitted within the front or side street yard.

(5)

All vehicular entrances to or exits from any curb opening shall be set back a minimum of 20 feet from the corner property lines. All curb openings shall not exceed 35 feet in width at the curbline, and 30 feet at the property line. There shall be a minimum of 30 feet measured along the property line between any series of driveways.

(6)

Gasoline service stations shall be located on a plot of ground having a frontage along the commercial street of not less than 150 feet and having a minimum area of not less than 15,000 square feet. Such station shall be composed of the building housing the office and the facilities for servicing, greasing or washing and the pumps for dispensing gasoline. Such facilities shall contain not more than five units (as defined in this subsection). Any station designed for more than five units shall provide an additional area of 3,000 square feet for each additional unit. For the purpose of this section, a unit shall mean: One set of three pumps, one pump for regular gasoline, one pump for an intermediate grade of gasoline and one pump for high test gasoline or diesel plus one staff for one vehicle within the building for servicing, greasing or washing.

(7)

All permanent storage of material, merchandise and equipment shall be within the principal building or within permanent stationary containers, located within the setback lines, with the exception of refuse, trash and temporary storage which shall be located in an area enclosed by an opaque fence at least five feet high.

(8)

All lighting shall be arranged so as to prevent direct light or glare into public streets or surrounding properties.

(9)

Drains located on the premises without approved separators in the trap shall be prohibited.

(10)

All repair work to vehicles herein allowed shall be done within the principal building located on the premises of a gasoline service station as permitted in this section.

(11)

The following are prohibited uses in gasoline service stations located in any zone other than industrial zones:

a.

Major motor overhauls.

b.

Body work and spray painting.

c.

Any uses permitted inside the building which is offensive or dangerous or which constitutes a nuisance to the occupants of adjacent properties, by reason of the emission of smoke, fumes, dust, odor, vibration, noise or unsightliness.

(12)

An eight-foot greenbelt shall be located on all property lines not bordering a public street.

(13)

Gasoline service station signs shall be of a nonflicker and nonflashing type.

(14)

Off-street parking facilities shall conform to requirements specified in division 2 of this article.

(c)

Performance bond. A performance bond shall be required by the planning commission to guarantee that the gasoline service station development shall be erected and constructed and the land developed in accordance with the requirements of this chapter and the provisions of the site development plan and proposals of the developers, as finally approved by the planning commission. The city shall be an obligee named in such bond. The bond shall be in an amount fixed by the planning commission, with such sureties as may be approved by the city clerk; provided, however, that any corporate surety must be qualified to do business in the state; and provided further, that the bond shall be in an amount equal to not less than ten percent of, nor more than, the estimated cost of the proposed development, as specified in the application for the building permit issued for the development.

(Ord. No. 296, art. XVI, § 5, 9-15-1987)

(a)

Intent. It is intended that this section shall include within its jurisdiction hospitals, convalescent homes, nursing homes, sanitariums, old age homes, retirement homes, foster care homes and other similar uses including those which provide, in addition to board and lodging, other services necessary for the health, safety and welfare of the occupants, tenants, lessees, guests or patients. For the purpose of this chapter all such uses within the jurisdiction of this section shall be referred to as convalescent homes.

(b)

Location. No building or structure or part of a structure which is integral to a convalescent home shall be erected, or land developed, or used for a convalescent home in any zone other than B-1 and B-2.

(c)

Requirements.

(1)

No part of a convalescent home shall be located closer than 200 feet from the boundary of an M-2 zone or 300 feet from a cemetery.

(2)

A 12-foot greenbelt shall be located on all property lines not bordering a public street, park, golf course, lake, river or other use which affords a view not detrimental to the character and use of a convalescent home.

(3)

For each bed in a convalescent home there shall be 200 square feet of outdoor open space, exclusive of required front yards, side yards, greenbelts, parking area, loading space or other space expressly required for other purposes. Such outdoor open space shall be open and unobstructed from the ground upwards.

(4)

Side yard requirements shall be specified for the zone utilized.

(d)

Performance bond. A performance bond shall be required by the planning commission to guarantee that the convalescent home development shall be erected and constructed and the land developed in accordance with the requirements of this chapter and the provisions of the site development plan and proposals of the developers, as finally approved by the planning commission. The city shall be an obligee named in the bond. Such bond shall be in an amount fixed by the planning commission, with such sureties as may be approved by the city clerk; provided, however, that any corporate surety must be qualified to do business in the state; and provided further, that the bond shall be in an amount equal to not less than ten percent of, nor more than, the estimated cost of the proposed development, as specified in the application for the building permit issued for the development.

(Ord. No. 296, art. XVI, § 6, 9-15-1987)

(a)

Location. No building or structure or part thereof which is integral to a cemetery shall be erected, or land developed, or used for a cemetery in any zone except M-1 and M-2 and as hereafter specified.

(b)

Requirements.

(1)

No part of a cemetery shall be located closer than 200 feet to the boundary of any residential zone district, or 500 feet from a convalescent home.

(2)

A six-foot high protective wall or fence shall be located on all property lines except at points of ingress and egress; provided, however, that gates with locks shall be maintained at such points of ingress and egress.

(3)

The principal entrance or entrances to a cemetery shall be located not closer than 200 feet from the boundary of an R-1 or R-2 zone. For the purpose of this chapter a principal entrance to a cemetery shall be defined as that entrance utilized as access to the cemetery by funeral processions at the points of contiguity with the public thoroughfare or right-of-way which provides access thereto.

(4)

No burial plots shall be located closer than 50 feet from any property line.

(5)

No burial plot shall be located closer than 150 feet from any water pipe, main, trunk line or well used for drinking water.

(6)

Mausoleums, crematoriums or any other building or structure accessory to or incidental to a cemetery shall not be closer than 200 feet to any property line.

(c)

Performance bond. A performance bond shall be required by the planning commission to guarantee that the cemetery development shall be erected and constructed and the land developed in accordance with the requirements of this chapter and the provisions of the site development plan and proposals of the developers, as finally approved by the planning commission. The city shall be an obligee named in such bond. The bond shall be in an amount fixed by the planning commission, with such sureties as may be approved by the city clerk; provided, however, that any corporate surety must be qualified to do business in the state; and provided further, that the bond shall be in an amount equal to not less than ten percent of, nor more than, the estimated cost of the proposed development, as specified in the application for the building permit issued for the development.

(Ord. No. 296, art. XVI, § 7, 9-15-1987)

No mobile home or manufactured home intended for use as a single family dwelling, shall be located anywhere in the corporate city limits of Pleasant Grove, except in a development specifically classified as "mobile home park".

(1)

Location. No mobile home park, building, structure, or part thereof which is integral to a mobile home park shall be erected, placed, land developed, or used, for a mobile home park in any zone except M-1.

(2)

Requirements.

a.

Each mobile home lot or site shall not be less than 3,600 square feet in area and shall not be less than 40 feet in width.

b.

There shall be a minimum side spacing between mobile homes of not less than 30 feet.

c.

The minimum front, side, rear yard setbacks shall be;

Front: 15 feet.

Rear: 10 feet.

Side: 10 feet.

d.

No mobile home shall be located nearer than 50 feet from the right-of way line of any street nor any nearer than 20 feet from any other boundary line of the mobile home park.

e.

Only new mobile homes (described as never used for any purpose, never lived in) a minimum of 320 square feet, and complying with all safety and building codes for residential dwellings, shall be permitted in the mobile home park.

f.

All plumbing waste shall be disposed of into a sanitary sewer or on-site system either of which must be approved by the Jefferson County Health Department or any agency that may succeed it's responsibility governing waste disposal.

g.

Each mobile home shall have it's own permanent water supply line, connection, and meter and receive it's water from a public utility. There shall be no circumstance in which a rubber hose or other temporary measure can be used.

h.

The occupancy load of any mobile home shall be limited to provide no less than 300 cubic feet of air space per occupant not to include closets or areas that contain toilets.

i.

There shall be roadways in each mobile home park constructed under this section reaching each mobile home lot therein. Such roadways shall be hard surfaced and shall meet the requirements of the city's specifications for residential streets and shall be 32 feet in width.

j.

Fire hydrants of a size and pressure satisfactory to and used by the Pleasant Grove Fire Department shall be placed within said mobile home park so that no mobile home shall be more than 300 feet from a fire hydrant.

k.

No building or structure hereafter erected or altered in a mobile home park shall exceed one story or 15 feet in height.

l.

Mobile home parks shall provide two hard surfaced parking space for each mobile home site. Parking spaces for non-dwelling buildings or structures in a mobile home park shall be hard surfaced and equal to 50 percent of the mobile home sites in number.

m.

Each mobile home site shall be provided with concrete apron of not less than ten feet in width, 45 feet in length and four inches in thickness upon which the mobile home shall be located.

n.

The wheels shall be removed from each mobile home and the mobile home shall be placed on piers of cinder block and mortar and the mobile home shall be anchored according to manufacturer's requirements.

o.

Storage buildings and screened porches or decks are permitted as long as they are attached to the mobile home and are of like construction and façade. Any structure approved and attached to the mobile home become part of the footprint as far calculating yard setbacks.

p.

Mobile home parks shall have a recreation area of not less than 5,000 square feet or 100 square feet per mobile home site whichever is the greater. The recreation area shall be longer than twice its width. The recreation area shall be developed and maintained by the management so as to provide a healthful and safe place for the recreation and the exclusive use of the residents of the mobile home park.

q.

There shall be no storage of any kind underneath any mobile home and each mobile home shall be maintained in a clean and presentable condition at all times.

r.

Each mobile home site shall adhere to all current ordinances of the city concerning the collection of garbage and the Mobile Home Park management shall be responsible for garbage fees for each mobile home site.

s.

Each mobile home site shall adhere to all current ordinances of the city concerning the construction or erection of fences.

t.

All fuel tanks shall be located on each mobile home site in a uniform manner. All tanks shall be elevated on noncombustible stands placed on a concrete base.

u.

All front and side yards adjacent to public streets shall be landscaped per an approved plan.

v.

All electric lines leading to each mobile home site shall be underground according to current electrical and building codes. Each mobile home shall have its own meter and the meter shall be located on the mobile home or on a uniform standard post. The post's location shall be specified by the utility company servicing the mobile home park and the building inspector.

w.

Mobile home parks shall provide an adequate shelter that meet FEMA standards for its residents during inclement weather.

x.

Mobile home parks shall be surrounded by a greenbelt or buffer strip not less than eight feet wide and not to be on public right-of-way and be maintained by mobile home park management.

y.

There shall be underpinning or skirting from the bottom of each mobile home to the ground. Underpinning or skirting must be cinder block and mortar, cinder block and mortar with brick veneer, or vertical vinyl siding. Underpinning or skirting must be maintained at all times.

z.

Management shall provide adequate light within the mobile home park and approved by the public safety director.

(3)

Procedure for approval. Layout plans for proposed mobile home parks shall be prepared by a registered professional engineer and submitted to the Pleasant Grove Planning Commission for review and approval. The plan shall include;

a.

A description of the location.

b.

Number, location, and dimensions of mobile home lots.

c.

The location and width of roadways, parking spaces, and walkways.

d.

Location and dimensions of the recreation area.

e.

Location and detailed construction plan of the residential shelter.

f.

Location of street lights.

g.

Location of fire hydrants.

h.

Location and description of greenbelt or buffer strip.

i.

Approved waste disposal system.

j.

Approved ingress and egress to public roads.

k.

Location of community postal receptacle approved by local post office.

(Ord. No. 296, art. XVI, § 8, 9-15-1987; Ord. No. 2015-519, 5-19-2015)

(a)

Generally. An industrial park shall, for the purpose of this chapter, include all land 40 acres or more in size, subdivided and platted into two or more lots and used or intended to be used for predominantly industrial or commercial purposes of an industrial character.

(b)

Location. No building or structure or part thereof which is integral to an industrial park shall be erected or land developed, or used for an industrial park in any zone except M-1 and M-2 and as hereafter specified.

(c)

Requirements.

(1)

Access to an industrial park shall be by way of a major thoroughfare.

(2)

All streets or roadways within an industrial park shall have a minimum right-of-way width of 70 feet, a maximum gradient of five percent and shall conform to city standards for commercial streets, or as otherwise approved by the planning commission.

(3)

Off-street parking and loading shall be provided in accordance with division 2 of this article.

(4)

Outdoor storage in an industrial park shall be permitted only when accessory to a permitted principal use, and only when storage areas are suitably screened by either landscaping fences or walls, and are located at least 150 feet from any street lines. Such storage areas shall not cover more than 15 percent of the site areas. The planning commission shall approve plans for the location and screening of all outdoor storage areas before a building permit shall be issued for their construction.

(5)

A greenbelt not less than 20 feet wide shall be provided along all property lines of an industrial park which abut a residential zone.

(6)

Cul-de-sac streets shall not be permitted in industrial parks. Dead-end streets, however, are permitted in industrial parks when not more than 500 feet long, as measured from the terminal point of the dead-end street to the closest intersection, and when such terminal point is provided with a paved vehicle turnaround area having a minimum right-of-way radius of 70 feet.

(7)

Street lighting shall be provided in accord with city street lighting standards, or as approved by the planning commission.

(8)

The vehicular approach to an industrial park site from the public thoroughfare or highway shall be so designed that uncontrolled lefthand turns from the public thoroughfare or highway shall be eliminated or reduced either by a frontage roadway or other suitable means deemed adequate by the planning commission.

(9)

Sight distances at all points of ingress and egress to public thoroughfares or highways shall not be less than 1,000 feet, except where a traffic signal light is installed at the entrance to or exit from the industrial park site which may be charged to the owner/occupant.

(10)

Where points of ingress from or egress to industrial parks from public thoroughfares having speed limits in excess of 30 miles per hour are located, there shall be provided on the public thoroughfare, acceleration and deceleration lanes which may be charged to the owner/occupant, the lengths of which shall be determined by the following schedule:

(11)

A report of subsurface soil conditions shall be provided to the planning commission by a registered professional engineer as evidence of suitable bearing for foundations in the construction of industrial structures of a nature intended to be used within the proposed industrial park.

(12)

A preliminary plan or engineering feasibility report shall be submitted to the planning commission which provides for the site grading, storm drainage, sanitary sewerage and water supply, prepared by a registered professional engineer.

(13)

A copy of brief of intended deed restrictions shall be provided to the planning commission.

(d)

Performance bond. A performance bond shall be required by the planning commission to guarantee that the industrial park development shall be erected and constructed and the land developed in accordance with the requirements of this chapter and the provisions of the site development plan and proposals of the developers, as finally approved by the planning commission. The city shall be an obligee named in the bond. Such bond shall be in an amount fixed by the planning commission, with such sureties as may be approved by the city clerk; provided, however, that any corporate surety must be qualified to do business in the state; and provided further, that the bond shall be in an amount equal to not less than ten percent of, nor more than, the estimated cost of the proposed development, as specified in the application for the building permit issued for the development.

(Ord. No. 296, art. XVI, § 9, 9-15-1987)

As defined in this chapter, there shall be no apartments built within the city and the building inspector, planning commission and board of adjustment are without any power or jurisdiction to issue any valid permit or to approve any apartment houses within the city that are not already constructed and are in use as apartment houses prior to August 21, 1978.

(Ord. No. 296, art. XVI, § 10, 9-15-1987)

(a)

License required. All persons conducting home occupations on their residential premises shall be required to obtain a license from the city as set out in this section.

(b)

Location. Home occupations are permitted in zones E-1, R-1, R-2 and R-3.

(c)

Requirements.

(1)

The applicant shall provide the planning commission with the following information at least 21 days prior to a regularly scheduled meeting of the planning commission at which the proposed use is to be considered:

a.

The location of the use request to include legal description and street address.

b.

The nature of the request, indicating the current use, current zoning of the site and the proposed use.

c.

A written business plan, outlining the processes, methods and synopsis of services rendered, sold or manufactured on the premises.

d.

The names and addresses of property owners within 250 feet of the premises.

e.

Copies of any restrictive covenants, deed restrictions or restrictions recited on any recorded plat.

f.

Additional information, licenses, applications or supporting documents as needed in the opinion of the building inspector or planning commission.

(2)

The home occupation shall be clearly incidental to residential use of the dwelling and shall not change the essential character of the dwelling or adversely affect the uses permitted in the district of which it is a part. No home occupation shall be permitted which might interfere with the health, safety, morals and general welfare of the surrounding residential area, or increase vehicular or pedestrian traffic, noise, vibration, glare, odors, fumes that are detectable to the normal senses off the property, or any other conditions which constitute an objectionable use of residential zoned property. No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials are used or stored on the site. No home occupation shall be approved that is in violation of any restrictive covenant, deed restriction, or other restriction that is legally enforceable, unless such is overturned by a court of proper jurisdiction or rescinded by the written consent of all parties affected by the restrictions.

(3)

Customary home occupations shall be limited to an office or a business of a personal service nature.

(4)

The home occupation shall be confined to 25 percent of the principal building. No building shall be altered or enlarged to accommodate a home occupation. No outside storage, on the premises, shall be used in connection with a home occupation.

(5)

Employment shall be limited to members of the family residing in the dwelling, and there shall be no employment of help other than members of the residential family.

(6)

No display of product shall be visible from the street, and only articles made on the premises may be sold; except that nondurable articles (consumable products) that are incidental to a service, shall be the principal use in the home occupation, may be sold on the premises.

(7)

Instruction of music, art, dancing and similar subjects shall be limited to two students at a time, and any noise created by the activity shall not be detectable outside the premises.

(8)

The activity carried on as a home occupation shall be limited to the hours between 8:00 a.m. and 9:00 p.m.

(9)

No equipment or process shall be used which creates visual or audible electrical or electronic interference in radio, television or telephone equipment off the premises or causes fluctuation in line voltage off the premises.

(10)

No advertising display signs shall be permitted. No commercial telephone directory listing, newspaper, or local or city directory, radio, or television service shall be used to advertise the location of a home occupation to the general public. No vehicle kept on the premises may display any advertisement.

(11)

No motor power other than electrical operated motors shall be used in connection with a home occupation.

(12)

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the customer other than the U.S. mail or commercial delivery services and like services, other than the personal vehicle of the applicant which shall display no advertising and which shall be parked in an adequate off-street parking area. Vehicles with more than six wheels and/or over one ton are prohibited from parking on the premises.

(13)

The total number of home occupations on the premises is limited to one.

(14)

Home occupations shall comply with all health, safety, licensing and/or doing business laws of all local, county, state and federal agencies. The building inspector is prohibited from issuing any license without the applicant presenting copies of valid licenses or applications from all governing agencies and a sales tax license or application. Gross receipt calculations must be presented yearly, along with evidence of sales tax remittances. Failure to remit sales tax shall be grounds for immediate revocation of the license. Failure to remit gross receipt calculations shall be grounds for immediate revocation of the license.

(15)

The building inspector of the city and a representative of the public safety department of the city shall be permitted to make an inspection upon receipt of the initial application and in addition, make annual inspections at license renewal time, or at any time, upon reasonable request, to enter and inspect the premises covered for safety and compliance purposes. The building inspector and/or representative of the public safety department shall file with the planning commission a written inspection report of any inspection to determine if the licensee is in compliance with this section, or if not in compliance, to set out any area of noncompliance.

(16)

Should a home occupation licensee die or move to a new location, the existing license shall automatically terminate, except that, in the case of death, should a surviving spouse, or child then residing at the same residence, desire to continue the home occupation, then the license would remain in effect if otherwise in compliance.

(17)

Upon receipt of the request, and all necessary supporting information and documents, a hearing shall be held at the next regularly scheduled meeting of the planning commission. Notices to property owners within 250 feet shall be prepared by the applicant (along with addressed envelopes, postage paid), and mailed no later than two weeks prior to a final hearing, by the building inspector via certified mail. A final hearing shall be conducted at the next regularly scheduled meeting of the planning commission. The final hearing shall either approve or deny the application. However, the planning commission may, at its discretion, table the hearing for 30 additional days, or the next regularly scheduled meeting, if in its opinion, additional information of investigation is needed. Costs of certified mail shall be paid by the applicant in addition to any other fee or license applicable.

(18)

Fees shall be as follows: According to the license fees existing at the time of application.

(19)

Licenses shall be revoked by the city if the home occupation does not comply with this section.

(20)

Penalties and remedies shall be as set out in article II, division 1 of this chapter. Failure to apply and obtain a license shall subject the operator/owner of any home occupation to the penalties as set out in section 98-47.

(21)

Appeals to rulings shall be to the county circuit court.

(22)

The building inspector, or assistant, shall be empowered to issue licenses and revocations as provided for in this section, or the city council, after a favorable recommendation by the planning commission if the building inspector's office is vacant due to illness, death or absence of more than 30 days.

(Ord. No. 367, 6-21-1993)

(a)

Location. Miniwarehouses shall be permitted in zones B-2 and M-1, subject to the provisions of this section.

(b)

Requirements.

(1)

The applicant shall provide the planning commission with the following information at least 21 days prior to a regularly scheduled meeting of the planning commission at which the proposed use is to be considered.

a.

The location of the use request.

b.

The nature of the request, indicating the current use, current zoning of the site and the proposed use.

(2)

No outdoor storage shall be permitted on the site.

(3)

No storage of volatile or explosive materials shall be permitted, either inside the structures, or on the premises.

(4)

The facility or site shall not be used for wholesale or retail sales operations.

(5)

A minimum lot size of three acres shall be required for a miniwarehouse development.

(6)

A 12-foot greenbelt shall be required along all property lines where a miniwarehouse development abuts any residential zone district in the city.

(7)

A site development plan is required, which shall include:

a.

A preliminary plan or engineering feasibility report providing for the site grading, water run-off and storm drainage, and water supply prepared by a registered professional engineer.

b.

Where deemed necessary by the planning commission, a traffic analysis indicating the estimated traffic flows to and from the development prepared by a registered professional engineer. Points of ingress and egress to and from the development must be approved during this process to eliminate potential traffic problems.

(c)

Performance bond. A performance bond shall be required by the planning commission to guarantee that the miniwarehouse development shall be erected and constructed and the land developed in accordance with the requirements of this chapter and the provisions of the site development plan and proposals of the developers, as finally approved by the planning commission. The city shall be an obligee named in such bond. The bond shall be in an amount fixed by the planning commission, with such sureties as may be approved by the city clerk; provided, however, that any corporate surety must be qualified to do business in the state; and provided further, that the bond shall be in an amount equal to not less than ten percent of, nor more than, the estimated cost of the proposed development, as specified in the application for the building permit issued for the development.

(Ord. No. 296, art. XVI, § 12, 9-15-1987)

(a)

Location. The operation of a day care home shall be allowed in any existing R-1, R-2 or R-3 district.

(b)

Requirements.

(1)

The applicant shall provide the planning commission with the following information at least 21 days prior to a regularly scheduled meeting of the planning commission at which the proposed use is to be considered:

a.

The location of the use requested.

b.

The general outline of the neighborhood, including adjoining homes or other use of properties in the adjoining area showing current use, current zoning and age and number of occupants contained therein, within 500 feet of the proposed site. All such owners shall receive notice of such commission hearing.

c.

Copies of letters, application forms or other documents prepared and to be sent to the state department of human resources requesting permission, pursuant to state law, for the operation of a day care home pursuant to the laws of the state and the rules and regulations enforced and/or created by the state department of human resources or such applicable entity as may have the supervision of day care homes within the state.

(2)

Day care homes shall be defined as a licensed service, licensed by the state, providing day care on a regular basis to six or less children under the age of six years.

(3)

Street parking or other places to load and unload children shall be adequately provided for so as to provide reasonable protection to children exiting vehicles.

(4)

Architectural drawings or other drawing, photographs or diagrams shall show existing fences or other structures to be placed upon the property or already in place providing safety to children from traveling from the premises being used.

(5)

No person, other than the owner of the home and their immediate family, shall be employed or called on to aid or help in the care of children within such residential home.

(6)

No display of home care service shall be visible from the street or exhibited upon the property in any way.

(7)

It shall be understood that this right of use shall be limited only to the home occupant making application for a day care home, and such right is not transferable, assignable or otherwise allowed to be given to any other future lessee, tenant, purchaser or owner of the home without the filing of a new application as provided in this section.

(8)

The activity carried on in the home shall be limited to hours between 6:00 a.m. and 7:30 p.m.

(9)

The right to use the home for a day care home shall be terminated upon notification to the city that the state department of human resources or such other state entity regulating home day care notifies the city or the city otherwise becomes aware that such regulatory agency has revoked any license privilege or right of the home of the applicant to continue operation of a day care home. Any subsequent use shall require the filing of a new application as set forth in this section.

(Ord. No. 353, § 2, 3-16-1992)

(a)

Generally. As defined in this chapter, there shall be no strip mines, underground mining or any form of surface activity for the extraction of minerals, including oil and gas deposits, allowed and the building inspector, planning commission and board of adjustments is without power or jurisdiction to issue a valid permit or approve any mining areas that are not already in use or zoned as such, unless and until the following use regulations are complied with.

(b)

Use regulations. Mining shall be permitted only in areas that are already zoned as industrial districts pursuant to division 9, which is codified as sections 98-401 through 98-405 and entitled M-2 Industrial Districts and if allowed, a building or land shall be used only for the following purposes:

(1)

Extracting minerals, coal, ore, gas, oil, or related minerals by the surface or underground method of mining.

(2)

The right to erect, maintain, alter, enlarge, use and operate a structure, building, machinery, housing road, railroad, transmission line right-of-way, or other facilities accessory to such mining.

(c)

Area and dimensional regulations. In the above permitted uses, the area and dimensional regulations set forth shall be observed:

(1)

The extraction of minerals, coal, ore, gas, oil, or related minerals by the surface stripping or other underground method will not be permitted within 100 feet of any property line or public road right-of-way within this municipality and underground mining shall not occur within 600 feet laterally of any existing overhead structure without the written consent of a property owner, whether said property owner is adjacent to or overhead the proposed mining area.

(2)

The right to erect, maintain, alter, enlarge, use or operate a structure, building, machinery, housing, road, railroad, transmission line, right-of-way, of other facilities accessory to use mining operations will not be permitted within 50 feet of any property line or public road right-of-way within a M-2 zone.

(3)

Prior to any use of land for strip or underground purposes, the applicant shall submit a plan showing a sketch of the locations of the coal seam, gas, or oil pocket or the location and size of any mineral deposit, the estimated number of tons or cubic feet to be mined, the approximate length of time that will be required to strip mine and reclaim property, all building and structures within a half mile of the proposed strip mining site or that are located within 600 feet of a proposed underground mine showing the entire length of the proposed mine shaft for underground mining and the number of homes that lie above said shaft that are closer than 600 feet thereto and more than 400 feet on either side of said underground mine shaft laterally; additionally the applicant shall provide to the city all routes to be utilized to remove the extracted minerals from the site and all proposals for the cleaning, washing, sifting, shaking, or crushing of minerals that may be accomplished on site; further, said applicant shall provide to the city, if an underground mine, the method and manner of shoring and preventing collapse of any underground mine or shaft going thereto intended to be used; said applicant shall likewise provide to the city a master plan of all buildings and anticipated equipment to be utilized in said mining operations, including transmission or hauling proposals.

(d)

Compliance with state statutes. Any applicant for a surface or underground mine shall otherwise comply with the requirements of the Alabama Surface Mining Control and Regulations Act and the commission created thereunder as otherwise set forth in Code of Ala. 1975, § 9-16-70 et seq., of the Alabama Oil and Gas Act, Code of Ala. 1975, § 9-17-1 et seq., and shall, before operation of any mine, be in full compliance therewith.

(Ord. No. 2007-484, §§ 2, 5, 7-16-2007)

The lawful use of a structure or the lawful use of land existing at the time of the effective date of this chapter may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of the same or a more restrictive classification or to a conforming use, but such use shall not thereafter be changed to a less restrictive classification.

(Ord. No. 296, art. XVII, § 1, 9-15-1987)

If a structure or premises occupied by a nonconforming use becomes and remains vacant for a continuous period of one year or more, the use of the structure or premises shall thereafter conform to the use regulations of the district in which such structures or premises are located.

(Ord. No. 296, art. XVII, § 2, 9-15-1987)

No structure or premises occupied by a nonconforming use shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use which conforms to the use regulations of the district in which such structure or premises is intended to be physically enlarged, extended, reconstructed or structurally altered to the extent necessary for compliance with any existing and applicable law or ordinance specifying minimum standards of health or safety.

(Ord. No. 296, art. XVII, § 3, 9-15-1987)

No conforming use shall be enlarged, extended or expanded unless such use is changed to a use which conforms to the use regulations of the district in which such use is located.

(Ord. No. 296, art. XVII, § 4, 9-15-1987)

A structure or building conforming to the use regulations of the district in which it is located, but not conforming to any other provisions of this chapter, may be enlarged, extended or expanded; provided, however, that such enlargement, extension or expansion conforms to the provisions of this chapter.

(Ord. No. 296, art. XVII, § 5, 9-15-1987)

Any building or structure damaged by explosion, fire, act of God or the public enemy to the extent of more than 50 percent of its appraised value immediately prior to such damage, shall not be restored except in conformity with the regulations of this chapter.

(Ord. No. 296, art. XVII, § 6, 9-15-1987)