The regulations set forth in this section or set forth elsewhere in this Zoning Code when referred to in this section, are the regulations for the RE Residential Estate District.

(a)

Use Regulations. A building or premises shall be used only for the following purposes:

(1)

One-family dwelling;

(2)

Agriculture;

(3)

Church or other places of worship or church school;

(4)

Public school, elementary school, high school and educational institutions;

(5)

Publicly owned or operated properties;

(6)

Golf clubs or grounds;

(7)

Home occupation;

(8)

Roadside stands;

(9)

Museums and libraries.

(b)

Height and Area Regulations. The height, yard and area regulations set forth in Sections 1163.12, 1163.13 and 1163.14 shall be observed.

(c)

Parking Regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Section 1163.15.

(Ord. 4631. Passed 4-24-67.)

The regulations set forth in this section or set forth elsewhere in this Zoning Code when referred to in this section are the regulations for the R1 One-Family Residential District.

(a)

Use Regulations. A building or premises shall be used only for the following purposes:

(1)

One-family dwellings;

(2)

Church, church school, public library or museum;

(3)

Public school, elementary school, high school and educational institutions;

(4)

Publicly owned or operated properties.

(b)

Height and Area Regulations. The height, yard and area regulations set forth in Sections 1163.12, 1163.13 and 1163.14 shall be observed.

(c)

Parking Regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Section 1163.15.

(Ord. 4631. Passed 4-24-67.)

The regulations set forth in this section or set forth elsewhere in this Zoning Code when referred to in this section are the regulations for the R2 One- and Two-Family Residential District.

(a)

Use Regulations. A building or premises shall be used only for the following purposes:

(1)

Any use permitted in Section 1163.02;

(2)

Two-family dwellings;

(3)

Home occupation.

(b)

Height and Area Regulations. The height, yard and area regulations set forth in Sections 1163.12, 1163.13 and 1163.14 shall be observed.

(c)

Parking Regulations. Off-street parking shall be provided in accordance with the requirements for specific uses set forth in Section 1163.15.

(Ord. 4631. Passed 4-24-67.)

The regulations set forth in this section or set forth elsewhere in this Zoning Code when referred to in this section, are the regulations for the R3 Multiple Family Residential District.

(a)

Use Regulations. A building or premises shall be used only for the following purposes:

(1)

Any use permitted in Section 1163.03;

(2)

Multiple family dwellings.

(b)

Height and Area Regulations. The height, yard and area regulations set forth in Sections 1163.12, 1163.13 and 1163.14 shall be observed.

(c)

Parking Regulations. Off-street parking shall be provided in accordance with the requirements for specific uses set forth in Section 1163.15.

(Ord. 4631. Passed 4-24-67.)

(a)

On a corner lot, no fence or other structure more than four (4) feet in height above the place of the established grade of the lot or street, whichever is the higher plane for line of sight from line of the street, shall be erected on any part of a front yard or side yard established according to the provisions of this Zoning Code that is included within the street lines of intersecting streets and a line connecting such street lines at a point which is twenty (20) feet from their point of intersection, measured along the street lines, and no planting of foliage shall be placed or maintained within such area that in the judgment of the City Manager will materially obstruct the view of a driver of a vehicle approaching the street intersection.

(b)

No fence which is more than four (4) feet in height above the place of the finished grade of the lots at the side lot lines shall be erected along the lot line between the front lot line and the building line. No fence which is more than eight (8) feet in height above the place of the finished grade of the lots at the lot lines shall be erected along the remainder of the lot perimeter. In this connection, fences shall not be considered as including planted vegetation.

(Ord. 4631. Passed 4-24-67; Ord. 7518. Passed 12-1-08.)

The regulations set forth in this section or set forth elsewhere in this Zoning Code, when referred to in this section are the regulations for the Cl Neighborhood Commercial District.

(a)

Use Regulations. A building or premises shall be used only for the following purposes:

(1)

Multiple family dwellings;

(2)

Retail sales shops and stores used for the merchandising of articles needed for individual or household consumption;

(3)

Personal service shops including financial and professional services, barber shops, beautyparlors, photographic or art studios, taxicabs, cleaning receiving stations, restaurants and other uses of a similar nature;

(4)

Laundry, self service;

(5)

Florist shops;

(6)

Automobile dealerships;

(7)

Garage repair shops and gasoline service stations;

(8)

Publicly owned or operated properties;

(9)

Other uses similar to the above.

(b)

Height and Area Regulations. The height, yard and area regulations set forth in Sections 1163.12, 1163.13 and 1163.14 shall be observed.

(c)

Parking Regulations. Off-street parking shall be provided in accordance with the requirements for specific uses set forth in Section 1163.15.

(d)

Performance Standards. The performance standards as set forth in Section 1163.11 shall be observed.

(Ord. 4631. Passed 4-24-67.)

The regulations set forth in this section or set forth elsewhere in this Zoning Code when referred to in this section are the regulations for the C2 Central Business District.

(a)

Use Regulations. A building or premises shall be used for the following purposes:

(1)

Those uses permitted in Section 1163.06;

(2)

Building material sales and storage;

(3)

Candy sales and manufacturing;

(4)

Printing, publishing and engraving activities;

(5)

Other uses similar to the above;

(6)

One- and two-family dwellings are not permitted in C2 District; however, existing residences may be repaired, structurally altered, and enlarged. In the event that a non- conforming use, such as a one- or two-family dwelling, exists at the time of the adoption of this section and subsequently is more than fifty (50) percent destroyed by casualty loss such use may not be continued unless a variance is obtained.

(7)

Commercial structures may have residential apartments, studios or suites built on the upper stories as long as the first floor or street level remains as a commercial use.

(b)

Height and Area Regulations. The height, yard and area regulations set forth in Sections 1163.12, 1163.13 and 1163.14 shall be observed.

(c)

Parking Regulations. Off-street parking shall be provided in accordance with the requirements for specific uses set forth in Section 1163.15.

(d)

Performance Standards. The performance standards set forth in Section 1163.11 shall be observed.

(Ord. 4631. Passed 4-24-67; Ord. 7812. Passed 4-14-14; Ord. 8220. Passed 4-12-21.)

The regulations set forth in this section or set forth elsewhere in this Zoning Code, where referred to in this section are the regulations for the M1 Light Industrial District.

(a)

Use Regulations. A building or premises shall be used only for the following purposes:

(1)

Any use permitted under Sections 1163.06 and 1163.07 except residential use;

(2)

Other uses of an industrial nature except those uses specifically confined to the M2 Heavy Industrial District;

(3)

See Section 1163.09(a)(5).

(b)

Height and Area Regulations. The height, yard and area regulations set forth in Sections 1163.12, 1163.13 and 1163.14 shall be observed.

(c)

Parking Regulations. Off-street parking shall be provided in accordance with the requirements for specific uses set forth in Section 1163.15.

(d)

Performance Standards. The performance standards set forth in Section 1163.11 shall be observed.

(Ord. 4631. Passed 4-24-67.)

The regulations set forth in this section or set forth elsewhere in this Zoning Code, when referred to in this section, are the regulations for the M2 Heavy Industrial District.

(a)

Use Regulations. A building or premises shall be used only for the following purposes:

(1)

Any use permitted in Sections 1163.06, 1163.07 and 1163.08 except residential use

(2)

Any other industrial use provided it meets the standards set forth in Section 1163.11;

(3)

The bulk storage of oils, petroleum and similar flammable liquids and chemicals when stored underground in tanks located no closer to any property line than the greatest depth to the bottom of such tanks or aboveground in tanks located at least one hundred fifty (150) feet from any property line;

(4)

The following uses may be allowed provided that a building or usage permit shall not be issued until the location of the use has been approved by Council. Before granting such separate approval, Council shall refer applications for approval to the City Manager and to the Planning Commission for study, investigation and report. If no report is received in forty-five (45) days, Council may assume approval of the application.

A.

Acid manufacture;

B.

Cement, lime gypsum, or plaster of paris manufacture;

C.

Chemical plants;

D.

Distillation of bones;

E.

Explosives manufacture or storage;

F.

Fat rendering;

G.

Fertilizer manufacturing;

H.

Garbage, offal or dead animal reduction or dumping;

I.

Gas manufacture;

J.

Glue manufacture;

K.

Junk yards, when enclosed with a tight, solid fence not less than six feet in height or surrounded by a green belt planting strip of not less than twenty (20) feet in width and eight (8) feet in height. All such storage shall be located not less than thirty (30) feet from any street line and not less than twenty (20) feet from any other lot line. The storage of rags, paper and similar combustible waste shall not be closer than one hundred (100) feet to any property line unless enclosed in a masonry building of not less than four-hour fire-resistive construction;

L.

Smelting of tin, copper, zinc, iron and other metallic ores;

M.

Storage of radioactive material;

N.

Stockyards or slaughter of animals.

(5)

Residential uses are not permitted in the M1 and M2 Districts; however, existing residences may be repaired, structurally altered, and enlarged where such enlargement is made within ten (10) years after passage of this section (Ordinance 4631, passed April 24, 1967) and does not constitute more than a ten-percent increase in the cubicle contents of the building existing at the time of the passage of this section (Ordinance 4631, passed April 24, 1967).

(b)

Height and Area Regulations. The height, yard and area regulations set forth in Sections 1163.12, 1163.13 and 1163.14 shall be observed.

(c)

Parking Regulations. Off-street parking shall be provided in accordance with the requirements for specific uses set forth in Section 1163.15.

(d)

Performance Standards. The performance standards set forth in Section 1163.11 shall be observed.

(Ord. 4631. Passed 4-24-67.)

The regulations set forth in this section or set forth elsewhere in this Zoning Code when referred to in this section are the regulations for the M3 Mixed Industrial District.

(a)

Any use permitted in Sections 1163.06, 1163.07, 1163.08 and 1163.09 except residential use.

(b)

Height and Area Regulations. The height, yard and area regulations set forth in Sections 1163.12, 1163.13 and 1163.14 shall be observed.

(c)

Parking Regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in Section 1163.15.

(d)

Performance Standards. The performance standards set forth in Section 1163.11 shall be observed.

(Ord. 4631. Passed 4-24-67; Ord. 7500. Passed 7-14-09.)

The following performance standards shall be observed in the C1, C2, M1, M2 and M3 Districts:

(a)

Screening. A greenbelt planting strip consisting of evergreen ground cover with hardy shrubs shall be used to screen the industrial use along the side of any lot adjoining an R district. Such planting strip shall be not less than five (5) feet in width with shrubs not less than eight (8) feet in height. In lieu of a planting strip, a six-foot masonry wall of acceptable design may be used, when the design thereof is approved by the Building Inspector.

(b)

Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and, as measured at any property line, shall not exceed the following intensity in relation to sound frequency.

Such sound levels shall be measured with a sound level meter and an octave analyzer conforming with specifications of the American National Standards Institute, Inc.

(c)

Odor and Smoke. The emission of odorous matter, and/or dust in such quantity as to be offensive at a point along any lot lines shall not be permitted.

(d)

Glare and Heat. Any operation producing intense heat and glare shall be conducted within an enclosed building or with other effective screening in such a manner as to be completely imperceptible from any point along the lot lines in the C1, C2 or M1 Districts or from any point along the district boundary lines in the M2 or M3 Districts.

(e)

Sewage Wastes. The following standards shall apply to sewage wastes at the point of discharge into the public sewer.

(1)

Acidity or alkalinity shall be neutralized within an average pH range with 5½ to 7½ as a daily average on the volumetric basis, with a temporary variation of pH 4.50 to 10.0.

(2)

Wastes shall contain no cyanides; no chlorinated solvents in excess of .1 p.p.m.; nor shall such wastes contain any insoluble substance in excess of ten thousand (10,000) p.p.m. or exceeding a daily average of five hundred (500) p.p.m. or failing to pass a No. 8 Standard Sieve of having a dimension greater than one-quarter of an inch.

(f)

Storage. The open storage of materials other than junk, waste products, salvage or wrecked automobiles may be permitted when located at least one hundred (100) feet from any R district, and at least thirty (30) feet from any street right-of-way line and not less than twenty (20) feet from any other lot line except that the storage of livestock feed, coal and similar materials shall not be closer than three hundred (300) feet to any R district and shall be handled so as to effectively control dust. All combustible material shall be stored in such a way, including, where necessary, access drives, as to permit free access of firefighting equipment.

(Ord. 4631. Passed 4-24-67; Ord. 7176. Passed 8-12-02.)

(a)

Except as provided in subsection (b) hereof, buildings shall not exceed the following height limits:

(1)

In RE, R1, R2 and C1 Districts, buildings shall not exceed two and one-half (2½) stories and shall not exceed thirty-five (35) feet.

(2)

In the R3 District, buildings shall not exceed three (3) stories and shall not exceed forty (40) feet.

(3)

In C2, M1, M2 and M3 Districts, buildings shall not exceed five (5) stories and shall not exceed sixty-five (65) feet.

(b)

The height limits set out in subsection (a) hereof may be exceeded in the following instances:

(1)

A public building, church, temple, hospital, institution or school;

(2)

Chimneys, church steeples, cooling towers, elevator block heads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, radio and television towers, grain elevators or necessary mechanical appurtenances are exempt from the height regulations.

(c)

No living unit may be located entirely in a cellar except when approved by the Board of Zoning and Building Code Appeals.

(d)

No basement house shall be permitted in any district.

(Ord. 4631. Passed 4-24-67.)

(a)

Except as specifically provided in subsection (b) and (c) of this section, yards shall be provided for buildings as shown in the following tabulation:

(b)

The following general regulations for yards must also be observed:

(1)

In the C1 and M1 Districts on lots fronting on two (2) streets, a front yard must be provided on both streets.

(2)

On corner lots in the C and M Districts, a ten-foot yard must be provided along the side street side.

(3)

Where a frontage is divided among the district with different front yard requirements the deepest front yard shall apply to the entire frontage.

(4)

Where a lot is in a C or M District and is next to an R District, the side or rear yard required in that R District must be provided along the boundary line.

(5)

In the C and M Districts, there may be more than one (1) commercial or industrial building on a lot provided that the required yards are maintained around the group of buildings.

(6)

Dwelling uses, except motels and hotels, located in C and M Districts must provide the yards required in the R3 District.

(7)

There may be two (2) or more related multi-family, hotel, motel or institutional buildings on a lot, providing that:

A.

The required yards are maintained around the group of buildings and that;

B.

Buildings are separated by a horizontal distance that is at least equal to the height of the highest building.

(8)

Those parts of existing buildings that violate these yard regulations may be repaired and remodeled but not reconstructed or structurally altered.

(c)

The following exceptions may be made in yard regulations:

(1)

Where, on the effective date of this section (Ordinance 4631, passed April 24, 1967), forty (40) percent or more of frontage was occupied by two (2) or more buildings, then the front yard is established in the following manner:

A.

Where the building furthest from the street provides a front yard not more than ten (10) feet deeper than the building closest to the street, then the front yard for the frontage is and remains an average of the then existing front yards.

B.

Where A is not the case, and a lot is within one hundred (100) feet of a building on each side then the front yard is the line drawn from the closest front corners of these two (2) adjacent buildings.

C.

Where neither A nor B is the case and the lot is within one hundred (100) feet of an existing building on one (1) side only, then the front yard is the same as that of the existing adjacent building.

(2)

Sills, belt courses, cornices, chimneys and ornamental features may project only two (2) feet into a required yard.

(3)

Open fire escapes, fireproof outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues into a rear yard for a distance of riot more than three and one-half (3½) feet when so placed as to not obstruct light and ventilation may be permitted by the Building Inspector.

(4)

Open terraces may project into a required yard, provided these projections are at least six (6) feet distant from the adjacent side lot line.

(5)

No side yards are required for dwellings that are erected above commercial and industrial structures.

(6)

In all new buildings if side yards are provided where not required, i.e. in C and M Districts, they must be at least five (5) feet wide.

(Ord. 4631. Passed 4-24-67.)

(a)

Except as provided in subsection (b) hereof, there shall be minimum lot frontage, minimum lot width, minimum lot area and minimum lot area per family as shown on the following tabulation:

*Not permitted in district.

**Minimum lot size of one (1) acre when centralized sewer and water is not available. (43,560)

(b)

Vacant or unimproved lots which exist as separate tracts on the date of adoption of this section (Ordinance 4631, passed April 24, 1967) and which have less area or width than as required above may be used for one (1) single-family dwelling or a permitted non-dwelling use provided the use and building conforms to all other requirements of this Zoning Code for the district in which the separate tract is included.

(Ord. 4631. Passed 4-24-67.)

(a)

The following off-street parking spaces shall be provided:

(1)

For one-, two-family and multifamily dwellings, two (2) per dwelling unit. All single-family, two-family and multifamily dwellings of four (4) units or less shall have one (1) or more enclosed garage spaces per dwelling unit. The garage(s) may be attached or detached from the dwelling unit.

(2)

For churches erected on new sites, one (1) parking space on the lot for each six (6) seats in the main auditorium, but churches existing at the time of passage of this section (Ordinance 4631, passed April 24, 1967) shall be exempt from this requirement; however, if any additions are made to the main auditorium, one 91) additional parking space must be provided on the lot for each additional six (6) seats so furnished;

(3)

For places of public assembly, including auditoriums and theatres, one (1) space for each four (4) seats provided;

(4)

For all schools, except high schools, two (2) spaces for each classroom; for high schools, ten (10) spaces for each classroom;

(5)

For hospitals, one (1) space for each hospital bed;

(6)

For institutions, clubs, lodges and other public and semi-public buildings, one (1) space for each three hundred (300) square feet of floor area;

(7)

For all uses in the Cl and C2 Districts except those above specified, one (1) space for each three hundred (300) square feet of floor area;

(8)

Residential uses in the C1 and C2 Districts shall provide one (1) parking space on the lot or have it within six hundred (600) feet thereof for each family living on the premises;

(9)

For commercial uses in the M Districts, one (1) space for each three hundred (300) square feet of floor area; for industrial uses in M Districts, one (1) space for each two (2) employees of maximum number working at any one time or one (1) space for each six hundred (600) square feet of floor area whichever is greater.

(b)

The requirements in subsection (a) hereof are subject to the following general rules and exceptions:

(1)

In the C2 and M Districts, parking space may be provided on a separate lot if within six hundred (600) feet of a building and two (2) or more owners may join together in the provision of this parking space.

(2)

In the R Districts and in the C and M Districts within fifty (50) feet of an R District, no parking space may be located in a required front yard.

(3)

Parking spaces may be provided in side and rear yards in the R Districts and in any yard in the C and M Districts except that in the C and M Districts no parking space may be provided in a front yard unless the building is set back at least thirty (30) feet from the street.

(4)

Parking space for any use specifically permitted in an R District may be provided on a lot within three hundred (300) feet of that use provided there is compliance with all requirements of subparagraphs (2) and (3) of this subsection.

(c)

Existing buildings not complying with off-street parking requirements may be remodeled, repaired, and structurally altered but any enlargement, except as otherwise provided in subparagraphs (2) and (5) of subsection (a) hereof must provide the required parking spaces for the enlargement.

(Ord. 4631. Passed 4-24-67; Ord. 6884. Passed 2-9-98.)

(a)

The following off-street parking spaces shall be provided:

(1)

For one-family, two-family and multifamily dwellings, two (2) per dwelling unit. All single-family, two-family and multifamily dwellings of four (4) units or less shall have one (1) or more enclosed garage spaces per dwelling unit. The garage(s) may be attached or detached from the dwelling unit.

(2)

For churches erected on new sites, one (1) parking space on the lot for each six (6) seats in the main auditorium, but churches existing at the time of passage of this section (Ordinance 4631, passed April 24, 1967) shall be exempt from this requirement; however, if any additions are made to the main auditorium, one (1) additional parking space must be provided on the lot for each additional six (6) seats so furnished;

(3)

For places of public assembly, including auditoriums and theatres, one (1) space for each four (4) seats provided;

(4)

For all schools, except high schools, two (2) spaces for each classroom; for high schools, ten (10) spaces for each classroom;

(5)

For hospitals, one (1) space for each hospital bed;

(6)

For institutions, clubs, lodges and other public and semi-public buildings, one (1) space for each three hundred (300) square feet of floor area;

(7)

For all uses in the C1 and C2 Districts except those above specified, one (1) space for each three hundred (300) square feet of floor area;

(8)

Residential uses in the C1 and C2 Districts shall provide one (1) parking space on the lot or have it within six hundred (600) feet thereof for each family living on the premises;

(9)

For commercial uses in the M Districts, one (1) space for each three hundred (300) square feet of floor area; for industrial uses in M Districts, one (1) space for each two (2) employees of maximum number working at any one time or one (1) space for each six hundred (600) square feet of floor area whichever is greater.

(b)

The requirements in subsection (a) hereof are subject to the following general rules and exceptions:

(1)

In the C2 and M Districts, parking space may be provided on a separate lot if within 600 feet of a building and two (2) or more owners may join together in the provision of this parking space.

(2)

In the R Districts and in the C and M Districts within fifty (50) feet of an R District, no parking space may be located in a required front yard.

(3)

Parking spaces may be provided in side and rear yards in the R Districts and in any yard in the C and M Districts except that in the C and M Districts no parking space may be provided in a front yard unless the building is set back at least thirty (30) feet from the street.

(4)

Parking space for any use specifically permitted in an R District may be provided on a lot within three hundred (300) feet of that use provided there is compliance with all requirements of subparagraphs (2) and (3) of this subsection.

(c)

Existing buildings not complying with off-street parking requirements may be remodeled, repaired, and structurally altered but any enlargement, except as otherwise provided in subparagraphs (2) and (5) of subsection (a) hereof must provide the required parking spaces for the enlargement.

(Ord. 4631. Passed 4-24-67; Ord. 6884. Passed 2-9-98.)

(a)

Permitted Accessory Uses. The following accessory uses are permitted:

(1)

In the RE, R1, R2 and R3 Districts:

A.

Private garages;

B.

Vegetable and flower gardens;

C.

Tennis courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fireplaces and similar uses customarily accessory to family uses and fallout shelters or blast shelters;

D.

Keeping of small animals commonly housed in a dwelling but not for sale purposes; however, this shall not affect farms of more than three (3) acres where animals are housed in structures located more than fifty (50) feet from property lines.

(2)

In the R3 District there may also be storage garages, and parking lots.

(3)

In the C1 District there may also be a use of not to exceed forty (40) percent of the floor area for incidental storage.

(4)

In the C2 and M Districts there may be an accessory use.

(5)

Temporary buildings for construction purposes are permitted in any districts as accessory buildings during the course of construction.

(6)

Accessory buildings may not be used for dwelling purposes. Containers and pods are not permitted but may be placed temporarily for a period not to exceed sixty (60) days.

(7)

Reserved.

(8)

Commercial and residential structures in any M District in existence at the time of the section shall be allowed to be rebuilt upon approval by the Board of Zoning Appeals.

(b)

Location. Accessory buildings shall be located in accordance with the following rules:

(1)

Accessory buildings may be located in a rear yard, but shall be no larger than a two-car garage or six hundred twenty-four (624) square feet in size and shall not exceed one and one-half stories or fifteen (15) feet in height. However, the structures set forth in paragraph (c)(1) hereof are also permitted in side yards.

(2)

An accessory building more than ten (10) feet from a main building may be erected within six (6) feet of a side or rear lot line but must be located at least sixty (60) feet from the front street line.

(3)

Where a garage is entered from an alley it must be kept ten (10) feet from the alley line.

(c)

Mobile Units With Living Quarters.

(1)

The parking or storage of only one (1) unoccupied mobile home, house trailer, travel trailer, camping trailer, trailer or boat; an unoccupied bus or truck with a living unit mounted or built thereon or therein; or the living unit itself, as defined in Section 1155.51, is hereby permitted as an accessory use subject to the side yard and rear yard restrictions of the Zoning Code.

Any of such designated units, if occupied shall be permitted only in a trailer park complying with the provisions of ORC Chapter 3733 or any regulation adopted pursuant thereto. However, any of the designated units may be permitted as an accessory use in a driveway without regard to side or rear yard limitations so long as the unit is behind the building line.

(2)

The trailers, boats, busses or trucks as specified in (c)(1) hereof may be stored anywhere on the premises for a period not to exceed seventy-two (72) hours for loading, unloading or accommodation of guests.

(3)

The trailers, boats, busses or trucks as specified in (c)(1) hereof must be kept in good repair and carry a current year's license and/or registration.

(4)

In no case shall there be any fixed connection for utilities to any of the trailers, boats, busses, or trucks as specified in (c)(1) hereof.

(5)

Unoccupied truck campers used regularly for transportation in addition to their use as campers are not subject to the restrictions of the Zoning Code.

(6)

Trailer or utility trailers whether licensed or not are permitted accessory uses provided that they are located at or behind the building setback line on the side or rear yard. Trailers or utility trailers may be located in the driveway for not more than seventy-two (72) consecutive hours for loading and unloading purposes.

(Ord. 4631. Passed 4-24-67; Ord. 4702. Passed 10-14-68; Ord. 6917. Passed 7-22-98; Ord. 7288. Passed 9-27-04; Ord. 7395. Passed 5-22-06; Ord. 7967. Passed 9-12-16; Ord. 8056. Passed 5-14-18; Ord. No. 8331. Passed 2-27-23.)

(a)

The intent of this section is to permit flexibility of design and arrangement of residential developments where large land areas are involved.

(b)

The owner or owners of a tract of land composing an area of not less than ten (10) acres may submit to Council, a plan for the use and development of the tract of land for any type of residential development. Council shall submit such a plan to the Planning Commission, which shall have thirty (30) days in which to investigate the plan and report back to Council; if the Commission does not report back in thirty (30) days, Council shall presume that the Commission approves the plan.

(c)

The Commission shall prepare a written report to Council containing specific evidence and facts that the proposed plan complies or does not comply with the following conditions:

(1)

That the plan is in the best interests of the City;

(2)

That the adjacent property values will not be adversely affected;

(3)

That the plan is consistent with public interest, the purposes of this Zoning Code, and the City Subdivision Regulations;

(4)

That the buildings are to be used only for residential purposes and those other uses specially permitted in the zoning district or districts in which the land is located;

(5)

That the lot area per family requirements otherwise prevailing have not been reduced;

(6)

That adequate provisions have been made for the establishment of parks and playgrounds consistent with the size and needs of the development.

(d)

Council may then after public hearing, approve or disapprove the plan and buildings; upon approval, occupancy permits may be issued to carry out the approved plan even though it may not conform in all respects to other obligations of this Zoning Code.

(Ord. 4631. Passed 4-24-67.)

(a)

The uses listed in subsection (b) hereof may locate only in certain districts under certain conditions, and structures may be built higher than otherwise allowed by Section 1163.12 by special permit granted by Council.

(b)

Uses for which special permits may be secured, conditions that must be observed, and districts in which uses will be allowed are:

(c)

Before issuance of any special permit for any of the above uses or structures, the following conditions shall be complied with:

(1)

The Planning Commission and the City Manager shall study and report to Council regarding the effect of such proposed use or structure upon the character of the neighborhood and upon traffic conditions, public utility facilities, public health, public safety, and general welfare. If no report is made within forty-five (45) days, it shall be presumed that the Planning Commission approved the application.

(2)

After receipt of the Planning Commission report, Council shall hold a public hearing.

(Ord. 4631. Passed 4-24-67.)

(a)

It is the intent of this Zoning Code that all nonconforming uses shall be eventually eliminated.'

(b)

Nonconforming uses may be continued and if there are not structural alterations such a use may be changed to a use of a higher classification. If it is changed to a conforming use, it cannot be changed back to the original nonconforming use. For the purpose of this paragraph, "same classification" means uses permitted in the same district.

(c)

If a nonconforming use is stopped for two (2) years or more, it then must conform to the use regulations of the district in which it is located.

(d)

A nonconforming use cannot be enlarged, extended, reconstructed or structurally altered.

(e)

If a nonconforming use is damaged more than fifty (50) percent of its value by fire, explosion, act of God or the public enemy, then any restoration must be for a permitted use.

(f)

All existing junk yards shall conform with the requirements of Section 1163.09(a)(4)K. within two (2) years after the effective date of this section (Ordinance 4631, passed April 24, 1967).

(g)

Passage of this section (Ordinance 4631, passed April 24, 1967) in no way legalizes any illegal uses existing at the time of its adoption.

(Ord. 4631. Passed 4-24-67.)