(a)

A driveway or walk to provide access to premises in districts C-1 to M-2 inclusive shall not be permitted in districts R-1 to R-3 inclusive.

(b)

Buildings or structures or uses which are accessory to the use permitted in one district shall not be permitted in a district of a higher classification.

(Code 1969, § 34-19; Code 1982, § 31-19)

(a)

A nonconforming use of land existing lawfully on December 1, 1969, may be continued.

(b)

The lawful use of a building existing on December 1, 1969, may be continued although such use does not conform with the provisions hereof, and such use may be extended throughout such portions of the building as are arranged or designed for such use, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. If such nonconforming building is removed, the future use of such premises shall be in conformity with the provisions of this chapter.

(c)

A nonconforming use if changed to a conforming use or more restricted, nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If by amendment to this chapter any property is hereafter transferred to a more restricted district by change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or a higher classification, the provisions of this chapter relating to the nonconforming use of buildings or premises existing on December 1, 1969, shall apply to buildings or premises occupied or used at the time of the passage of such amendment.

(d)

Repairs and alterations may be made to a nonconforming building; provided, that no structural alterations or extensions shall be made, except those required by law or ordinance unless the building is changed to a conforming use; provided, that the board, by special permit in the case of evident hardship, may grant an extension of a nonconforming use not exceeding 25 percent of the ground area of the building.

(e)

Notwithstanding the other provisions of this section, a nonconforming use shall terminate, and the property required to be used only in conformance with the uses permitted in the zoning district in which the land is present, if any buildings or structures on the nonconforming property are left vacant for a period of at least one year and either:

(1)

The condition of any buildings or structures on the nonconforming property is found to violate any of the provisions of article X of chapter 10, pertaining to property maintenance; or

(2)

Any buildings or structures on the nonconforming property are found to be dangerous buildings under the provisions of article XI of chapter 10.

(Code 1969, § 34-20; Code 1982, § 31-20; Ord. No. 8421, § 1, 4-17-1989)

(a)

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the community development director and/or departmental designee on December 1, 1969, and the construction of which in either case shall have been diligently prosecuted within one year of the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within such year in which entire building shall be completed, according to such plans as filed, within two years from December 1, 1969.

(b)

Nothing in this chapter shall be taken to prevent the restoration, within 12 months of a nonconforming building destroyed to the extent of not more than 75 percent of its reasonable value (exclusive of foundations) by fire, explosion or other casualty, or act of God, or the public enemy; provided, that when such restoration becomes involved in litigation, the time required for such litigation shall not be counted as a part of the 12 months allowed for reconstruction, and nothing in this chapter shall be taken to prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction, but any building so damaged more than 75 percent of its value may not be rebuilt, repaired or used unless it is made to conform to all regulations for buildings in the district in which it is located.

(c)

The provisions of this chapter shall not apply to prevent the extension of any building, existing in any district on December 1, 1969, to the height to which the walls, foundation and framework of such existing building originally were intended, designed and constructed to carry; provided that the actual construction of the extensions in height permitted by this subsection shall have been duly commenced within ten years from December 1, 1969.

(Code 1969, § 34-21; Code 1982, § 31-21; Ord. No. 10285, § 2, 3-16-2015)

(a)

Generally. The regulations and requirements as to height of buildings and area of lots which may be occupied by buildings, front yards, side yards, rear yards and other regulations and requirements as stated in this chapter, shall be subject to the following exceptions and additional regulations stated in this section.

(b)

Height.

(1)

In any district, public or semipublic buildings, such as hospitals, hotels, churches, sanitariums or schools, either public or private, where permitted, may be erected to a height not exceeding 75 feet; provided, that such buildings shall have yards the depth or width of which shall be increased one foot on all sides for each additional foot that such buildings exceed the specified height limit as established by the regulations of the district in which such buildings are situated.

(2)

Dwellings in district R-1 or R-2 may be increased in height not exceeding ten feet in addition to the limitations of 2½ stories, or 35 feet as prescribed in such districts; provided, that two side yards of not less than 15 feet in width each are provided. In no case shall such dwelling, however, exceed three stories in height.

(3)

Parapet walls and false mansards shall not extend more than six feet above the height limit. Flagpoles, chimneys, cooling towers, electric display signs, elevator bulkheads, penthouses, finials, gas tanks, grain elevators, stacks, storage towers, radio towers, ornamental towers, monuments, cupolas, domes, spires, standpipes and necessary mechanical appurtenances may be erected as to height in accordance with existing or hereafter adopted ordinances of the city council.

(4)

On through lots 125 feet or less in depth, the height of a building may be measured from the curb level of either street. On through lots of more than 125 feet in depth, the height regulations for the street permitting the greater height, shall apply to a depth of not more than 125 feet from that street.

(5)

In the vicinity of an airport no building or structure shall be erected nor any tree allowed to grow in any area under any approach or transition plane, or turning zone, as defined hereafter, any portion of which building or structure intrudes or may intrude into such plane or zone; except, that this shall not prohibit the erection of buildings or structures to a total height of not over 35 feet; and no land shall be used in any area under an approach or transition plane within 10,000 feet of the reference point of the airport, for the erection of places of public assembly or concentration of population such as churches, schools, theaters or hospitals.

a.

An approach plane is an area commencing at a line 200 feet distant from the end of an active runway on an airport. From this point the approach plane rises upward on a plane surface at the ratio of one foot of vertical rise for every 50 feet of horizontal distance. This plane is bounded by lines commencing at the 200-foot mark previously mentioned 500 feet distant on each side of the continuation of the centerline of the aforesaid runway, and these lines continue along the plane gradually extending outward, so that at a distance of 50,000 feet, they are extended to a point 8,000 feet distant on each side of the extended centerline of the runway.

b.

A transition plane begins at the flared sides of the approach plane on a slope outward of one foot in height for each seven feet of horizontal distance.

c.

A turning zone is a plane 150 feet above the designated reference point on the landable area and extending in all directions to a distance of 20,000 feet from this reference point. Landable area is the area of the airport used for the landing, take-off or taxiing of aircraft.

d.

No limitation on height shall be required beyond the limit of 20,000 feet from the designated reference point, except within the approach and transition planes.

(6)

Electric power plant mechanical appurtenances may exceed the height requirements as outlined in section 64-45 (district M-2, heavy industrial district). Mechanical appurtenances shall not exceed 90 feet in height. Mechanical appurtenances include cooling stacks, venting stacks and sound mufflers.

(c)

Area per family. The number of families permitted by the lot area requirements per family, for any building:

(1)

Used jointly for business and dwelling purposes or industry and dwelling purposes, shall be reduced in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building; provided that floor area below the first floor of such buildings shall not be included in any calculation under this provision.

(2)

Providing jointly for hotel and apartment house uses, shall be reduced in the same proportions as the total floor area devoted to hotel or nonhousekeeping rooms bears to the total floor area devoted to both uses.

(d)

Yard exceptions.

(1)

In district R-1 to R-3 inclusive, where lots comprising 40 percent or more of the frontage, on the same side of a street between two intersecting streets, excluding reverse corner lots, are developed with buildings having front yards with a variation of not more than ten feet in depth, the average of such front yards shall establish the minimum front yard depth for the entire frontage; except, that where a recorded plat has been filed showing a setback line which otherwise complies with the requirements of this chapter, yet is less than the established setback for the block as provided in this subsection (d)(1), such setback line shall apply; provided, that the board may permit variations in case of hardship, or where the configuration of the ground is such as to make conformity with the front yard requirements impractical.

(2)

Where an official line has been established for future widening or opening of a street upon which a lot abuts, then the depth or width of a yard shall be measured from such official line to the nearest line of the building.

(3)

Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided, that none of the projections stated in this subsection (d)(3) shall extend into a court more than six inches nor into a minimum yard more than 24 inches; and provided further:

a.

Canopies or open porches having a roof area not exceeding 60 square feet may project a maximum of six feet into the required front or rear yard;

b.

Open paved terraces may project not more than ten feet into a front or rear yard; and

c.

Existing open porches extending into the required yard shall not be enclosed.

(4)

An open fire escape may project into a required side yard not more than half the width of such yard, but not more than four feet from the building. Fire escapes, solid floored balconies and enclosed outside stairways may project not more than four feet into a rear yard.

(5)

A terrace garage in a district R-1 to R-3 inclusive may be located in a front or side yard, provided:

a.

It is completely recessed into the terrace, and that the height of the terrace is sufficient to cover and conceal the structure from above;

b.

The doors when open shall not project beyond any property line; and

c.

The structure is set back at least four feet from the front property line.

(6)

In any district, a detached accessory building not exceeding 24 feet or two stories in height, or in any case not higher than the main building, may occupy not more than 30 percent of a rear yard; except, that in district R-3, C-1, C-2, C-3, M-1 or M-2, if such building is not more than one story or 16 feet high, it may occupy 40 percent of a rear yard. A detached accessory building may be connected with the main building by a lightly constructed, covered passage, open on each side, not more than six feet wide inside, the roof of which is not more than 12 feet high at its highest point, and is not an extension of the roof of the main building.

(7)

No building or structure shall be located closer than 25 feet to the street line of Broadway, on either side, between Warren and Marshall Avenues.

(8)

No rear yard shall be required in districts C-1 to M-2 inclusive on any lot used for business or industrial purposes, the rear line of which adjoins a railway right-of-way or which has a rear railway track connection.

(9)

In computing the depth of a rear yard for any building where such yard abuts an alley, one-half of such alley may be assumed to be a portion of the rear yards.

(10)

In any district where buildings on adjoining lots, used exclusively for dwelling purposes, do not conform to the side yard requirements of this chapter, the board may vary the side yard requirements; provided, that no building may be built nearer than three feet to the side lot line; and provided that the width of the building allowable under the regulations of this chapter may not be increased.

(11)

In district C-3 commercial districts only, the rear yard setback may be reduced to 7.5 feet provided the building is one story which does not exceed 25 feet in height. If the rear yard adjoins an R-1 single-family residential district, the mechanical equipment or dumpster enclosures placed in the reduced rear yard setback must be screened from the public with architectural and/or landscape materials harmonious with the building. The reduced rear yard setback is not available in other zoning districts.

(e)

Fences or other enclosures. The term "fence," as used in this subsection, means hedges, shrubs, trees, or similar screening material, or an enclosure made of wood, steel, aluminum, vinyl, iron or concrete, serving to obstruct a view, separate or enclose areas, or designate property lines.

(1)

It shall be unlawful to construct or maintain a fence which causes material damage to the occupants of adjacent property by obstructing their view shutting out sunlight or hindering ventilation.

(2)

A fence used in a front yard that extends beyond the 25-foot setback required in an area zoned as residential or the front corner of an existing structure shall not extend above 36 inches in height. Any property owner desiring a front yard fence higher than 36 inches up to and including a maximum of six feet will have to obtain a variance from the zoning board of adjustment. Said variance, if granted, shall only be for a fence that is constructed or consists of material that is open and see-through for the passage of light and air.

(3)

Any fence, in an area zoned as residential, that is over six feet in height is a structure and requires building permit as set out in article IV of chapter 10, pertaining to the building code of the city.

(4)

It shall be unlawful to erect or cause to be erected, maintained or cause to be maintained, any fence, wall or other obstruction upon, across, along or adjoining any street, sidewalk or street right-of-way of this city.

(5)

It shall be unlawful to erect or cause to be erected maintain or cause to be maintained any fence composed of barbed wire, razor ribbon, spikes, or any other sharp of pointed material, except in any district zoned light industrial, heavy industrial or agricultural and said owner of the property has acquired a special use permit under the procedures of section 64-124 and so long as said barbed wire is at least six feet above the ground in districts zoned light industrial and heavy industrial. Any political subdivision, including the city, or a utility company, may erect a fence topped by barbed wire along such streets or alleys so as to restrict access to utility equipment or structures which are not contained within a building and does not have to make a special use permit application. If they are in an area zoned as residential, chainlink fences must be constructed so that no links have exposed points extending above the uppermost pipe extending from post to post.

(6)

It shall be unlawful to construct or maintain a fence or any other sort of enclosure, any part of which is charged with or designed to be charged with electrical current, within the city; unless the electrical current is routed through a controller which is approved by the Underwriters' Laboratory, industrial commission of the state or the National Bureau of Standards which has not been altered, and which produces no more than 25 milliamps of power; and unless the fence is to be used in the raising of livestock. Subsection (e)(8) of this section does not apply to this subsection.

(7)

A fence on a commercial or manufacturing zoned property may be of necessary height to serve the property's security and safety needs, except as set out in subsection (e)(1) of this section.

(8)

Any fence now existing or under construction on the effective date of the ordinance from which this section is derived shall not be held to have violated the provisions of this subsection. This provision does not apply where additions or modifications are made to a fence after said effective date.

(Code 1969, § 34-22; Code 1982, § 31-22; Ord. No. 8294, § 9-21-87; Ord. No. 8873, § 1, 3-6-1995; Ord. No. 9127, § 1, 3-15-1999; Ord. No. 9479, § 1, 2-21-2006; Ord. No. 9576, § 1, 7-16-2007; Ord. No. 10550, § 2, 1-3-2017)

(a)

Parking—Apartment houses, multiple-family dwellings, or motels. For all apartment houses, multiple-family dwellings or motels hereafter erected, constructed, reconstructed or altered, except in district C-2, provision in the form of garages or open parking areas shall be made for the storage or parking of motor passenger vehicles for the use of occupants on the premises. Two parking spaces for each dwelling unit and one space for each sleeping unit in motels shall be provided. For senior housing apartments/developments, parking spaces shall be calculated based on 1.25 parking space for each dwelling unit.

(b)

Same—One-family or two-family dwellings. For all one-family or two-family dwellings hereafter erected, constructed, reconstructed or altered, provision in the form of garages or open parking areas shall be made for the parking of motor passenger vehicles on the premises. Such parking shall provide space for two vehicles for each family unit.

(c)

Same—Hotels, apartment hotels, fraternity and sorority houses, dormitories, lodginghouses or clubs. For all hotels, apartment hotels, fraternity and sorority houses, dormitories, lodginghouses and clubs, hereafter erected, constructed, reconstructed or altered, except in district C-2, provision in the form of garages or open parking areas shall be made for the storage or parking of motor passenger vehicles for the use of occupants or members. One parking space shall be provided for each of the first 20 individual guestrooms or suites; and one additional parking space for every two guestrooms or suites in excess of 20. Such parking shall be on the premises or within 300 feet on land zoned for business or industry, or by special use permit.

(d)

Same—Hospital or institutions. For all hospitals and philanthropic or eleemosynary institutions hereafter erected, constructed, reconstructed or altered, except in district C-2; provision in the form of garages or open parking areas shall be made for the storage or parking of motor passenger vehicles. One parking space shall be provided for each two beds and for each two employees and staff doctors. Such parking shall be on the premises or within 300 feet of the main building entrance by special use permit. These parking provisions shall also apply to residential care centers and residential schools and/or learning centers unless the residents of such facilities are prohibited from owning or operating motor vehicles.

(e)

Same—Places of assembly. For every structure or part thereof hereafter erected, constructed, reconstructed or altered, to be used as a theater, auditorium, church, stadium or other place of public assembly, except in district C-2, there shall be provided and maintained accessible off-street parking space for motor passenger vehicles on the basis of one vehicle for each four seats of the total audience seating capacity of the building structure or part thereof. Such parking shall be located on the same lot with such building, structure or part thereof, or within 300 feet thereof, on land zoned for business or industry, or by special use permit. Restaurant establishments shall provide ten parking spaces per 1,000 square feet of gross floor area.

(f)

Same—Business or industrial buildings. Any business building hereafter erected, constructed, reconstructed or altered, except in district C-2, shall provide accessible off-street parking at the rate of one parking space for each 200 square feet of floor area in the building. For all business or industrial buildings hereafter erected, converted or extended in districts M-1 and M-2, provision shall be made for off-street parking. The number of parking spaces provided shall be equal to two spaces for every three employees on the maximum shift, plus space to accommodate all trucks and other vehicles used in connection therewith. Such parking space shall be on the same lot with the main building, or within 300 feet therefrom, on land zoned for business or industry. For all warehouses including self storage warehouses hereafter erected, converted or extended except in district C-2, the number of parking spaces provided shall be equal to one space per 500 square feet of floor area in the building.

(g)

Improvements of parking area. All open parking areas as required for the number of parking spaces provided in this section and the driveways, except those serving single-family dwellings, two-family dwellings and industrial buildings, shall be surfaced with a permanent pavement material as follows:

(1)

Asphaltic concrete.

(2)

Portland cement concrete.

(3)

Any other all-weather material that is approved by the public works director.

Ingress and egress shall be surfaced with a permanent pavement material as stated in this subsection (g) from the edge of the street pavement or curbline to the street right-of-way line regardless of the building use or zoning classification. Also, ingress and egress shall be in accordance with the city's policy and standards for driveways and curb cuts. Any unpaved parking areas existing before January 1, 1992, are exempt from the paving requirement. However, if the existing building is added on to, the number of parking spaces required by the additional shall be paved. This pavement of the parking area as required for the number of parking spaces for the addition, shall be surfaced with a permanent pavement material as stated in this subsection (g). Ingress and egress shall be surfaced with a permanent pavement material as stated in this subsection (g) from the edge of the street pavement or curbline to the street right-of-way line. Also, ingress and egress shall be in accordance with the city's policy and standards for driveways and curb cuts. The person proposing the improvements for a parking area has one year from the date of the certificate of occupancy to satisfy the requirements for paving and must provide the city with a cash bond for the amount of the parking area improvements. This amount will be determined by the city and by the person proposing the parking area improvements being equal to the present prevailing construction costs of the necessary parking area improvements. If the parking area improvements have been made prior to the certificate of occupancy, then a cash bond is not required. No parking shall be permitted within six feet of an adjoining lot located in districts R-1 to R-3 inclusive. Any lights used to illuminate the parking area shall be so arranged as to direct the light away from any adjoining premises located in a districts R-1 to R-3 inclusive. Where such parking area is located in districts R-1 to R-32 inclusive, no fee shall be charged for parking thereon, and no signs of any kind shall be erected except those necessary for the orderly parking thereon.

(h)

Loading space for business and industry. Any business or industrial building, hospital, institution or hotel hereafter erected, constructed, reconstructed or altered, in any district, shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct freedom of traffic movement on the public streets or alleys.

(Code 1969, § 34-23; Code 1982, § 31-23; Ord. No. 7341, § 7, 8-1-1977; Ord. No. 8449, § 1, 7-17-1989; Ord. No. 8639, § 1, 12-16-1991; Ord. No. 9551, §§ 2, 3, 3-19-2007; Ord. No. 10285, § 2, 3-16-2015)

(a)

The number of parking spaces to be provided for a specific property or development may be established through administrative approval of an alternate parking plan.

(b)

Such plans shall be submitted to the chief building official for review and consideration.

(c)

A request for approval of an alternate parking plan shall be accompanied by the following information:

(1)

A parking demand study or other data that establishes the number of spaces required for the specific use. The study or data may reflect parking for the same use existing at a similar location or for similar uses at other locations. Published studies may be utilized to back up alternative parking requests.

(2)

If shared parking is proposed for a mixed use development, the sum of peak parking demands by use category shall be accommodated for day and night hours on weekdays and weekends. The guidelines for shared parking contained in this Article may be used in lieu of a separate study.

(Ord. No. 10285, § 2, 3-16-2015)

The parking spaces provided for separate uses may be combined in one lot but the required spaces assigned to each use may not be assigned to another use, except as follows:

(1)

One-half of the parking spaces assigned to a church, theater or assembly hall whose peak attendance will be at night or on Sundays may be assigned to a use that will be closed at night or on Sundays.

(2)

Parking spaces may be shared by more than one use if the director finds that the total number of spaces will be adequate at the peak hours of the uses they serve. (Amend. 1)

(3)

Parking spaces that are proposed to be shared among two or more uses must be clearly available to each use and not appear in any way to be serving a particular use, either through signage dedicating the spaces or through design techniques that would tend to orient use of the spaces to a particular business or building.

(4)

Shared parking arrangements must be evidenced by a written agreement acceptable to the director, and approved by the owners of each of the affected properties or uses. The approved agreement shall be recorded and a copy supplied to the director.

(Ord. No. 10285, § 2, 3-16-2015)

(a)

Required. No vacant land shall be occupied or used except for agricultural uses, and no building hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued by the community development director and/or departmental designee.

(b)

Content; record. The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the community development director and/or departmental designee, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

(c)

Prerequisite to building permit. No permit for excavation for any building shall be issued before application has been made for certification of occupancy.

(d)

For buildings. Certificate of occupancy for a new building or the alteration of an existing building shall be applied for in writing coincident with the application for a building permit, and shall be issued within ten days after the erection or alteration of such building, or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate a temporary certificate of occupancy may be issued by the community development director and/or departmental designee for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises, or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.

(e)

For land. Certificate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within ten days after the application has been made, provided such use is in conformity with the provisions of these regulations.

(f)

For nonconforming uses. A certificate of occupancy shall be required for all nonconforming uses. Application for certificate of occupancy for nonconforming uses shall be filed within 12 months from December 1, 1969, accompanied by affidavits of proof that such nonconforming use was not established in violation of this chapter.

(Code 1969, § 34-28; Code 1982, § 31-28; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, amended and renumbered former § 64-156 as § 64-158.