The regulations contained herein are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; and to create a stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities and other facilities. In interpreting and applying the provisions of this chapter, they shall be held to be necessary for the promotion of the public health, safety, comfort, convenience and general welfare.

(Prior Code, § 45-1.2; Code 1983, § 12-202; Ord. No. 301-A, 11-8-1990)

(a)

This chapter classifies and regulates the use of land, buildings, and structures within the corporate limits of the city as hereinafter set forth. The regulations contained herein are necessary to promote the health, safety, convenience and welfare of the inhabitants by dividing the city into zoning districts and regulating therein the use of the land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings, and the density of population.

(b)

Except as hereinafter otherwise provided, no land shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in conformity with the regulations contained herein.

(Prior Code, § 45-1.3; Code 1983, § 12-203; Ord. No. 301-A, 11-8-1990)

(a)

Interpretation. For the purpose of these regulations, certain terms and words are to be used and interpreted as defined hereinafter. Words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the building or premises.

Accessory use means a use customarily incidental, appropriate and subordinate to the principal use of land or buildings and located upon the same lot therewith.

Advertising sign or structure means any cloth, card, paper, metal, glass, wooden, plastic, plaster, stone sign or other sign, device or structure of any character whatsoever, including a statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, and otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure shall be determined as the area of the largest cross section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this chapter.

Alley means a minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

Apartment house. See definition of Dwelling, multiple.

Automobile means a self-propelled mechanical vehicle designed for use on streets and highways for the conveyance of goods and people including, but not limited to, the following: Passenger cars, trucks, buses, motor scooters, and motorcycles.

Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Boardinghouse means a dwelling other than a hotel where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more, but not exceeding 20 persons on a weekly or monthly basis.

Building means a structure intended for shelter, housing or enclosure for persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated, shall be deemed a separate building.

Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.

Building, main, means a building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

Childcare center means any place, home or institution which receives three or more children under the age of 16 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or other church activities.

Coverage means the lot area covered by all buildings located thereon, including the area covered by all overhanging roofs.

District means any section of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class or kind of building therein.

Dwelling means any building or portion thereof, which is designed or used as living quarters for one or more families, but not including trailer homes. (See definition of Trailer.)

Dwelling, multiple, means a detached dwelling designed to be occupied by three or more families living independently of each other, exclusive of hotels or motels.

Dwelling, single-family, means a detached dwelling designed to be occupied by one family.

Dwelling, two-family, means a detached dwelling designed to be occupied by two families living independently of each other.

Family means one or more persons related by blood, marriage or adoption, or a group of not to exceed five persons not all related by blood or marriage, occupying a boardinghouse or lodginghouse, hotel, club, or similar dwelling for group use.

Garage apartment means a dwelling unit for one family erected above a private garage.

Garage, parking, means any building, or portion thereof, used for the storage of four or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.

Garage, private, means an accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.

Garage, repair, means a building in which are provided facilities for the care, servicing, repair, or equipping of automobiles.

Gasoline service or filling stations means any area of land, including structures thereon, that is used for the retail sale of gasoline or oil fuels, or other automobile accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles, but not including painting, major repair or automatic automobile washing or the sale of butane or propane fuels.

Gross floor area means the sum of the gross horizontal areas of all of the floors of a building, measured from the exterior faces of exterior walls or from the center line of walls separating two buildings, and including, but not limited to, the following spaces:

(1)

Basements;

(2)

Elevator shafts and stairwells at each floor;

(3)

Floor space for mechanical equipment with structural headroom of seven feet or more;

(4)

Penthouses;

(5)

Attic space providing headroom of seven feet or more;

(6)

Interior balconies, mezzanines and enclosed covered porches and enclosed steps; and

(7)

Accessory uses in enclosed covered space, but not including space used for off-street parking.

Home occupation means any occupation carried on solely by the inhabitants of a dwelling which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no training in merchandise is carried on and in connection with which there is no display of merchandise or advertising sign other than one nonilluminated nameplate not more than two square feet in area attached to the main or accessory building, and no mechanical equipment is used except such as is customary for purely domestic or household purposes. A beauty or barbershop, tearoom or restaurant, rest home or clinic, doctor's or dentist's office, childcare center, tourist home, or cabinet, metal or auto repair shop shall not be deemed a home occupation.

Hotel means a building or group of buildings under one ownership containing six or more sleeping rooms occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including trailer court or camp, sanatorium, hospital, asylum, orphanage or building where persons are housed under restraint.

Kennel means any lot or premises on which are kept five or more dogs, more than six months of age.

Lot means any plot of land occupied or intended to be occupied by one main building, or a group of main buildings, and accessory buildings and uses, including such open spaces as are required by this chapter and other laws or ordinances, and having its principal frontage on a street.

Lot, area, means the total area measured on a horizontal plane, included within lot lines.

Lot, corner, means a lot which has at least two adjacent sides abutting for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.

Lot, depth, means the mean horizontal distance between the front and rear lot lines.

Lot, double frontage, means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, frontage, means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

Lot, interior, means a lot other than a corner lot.

Lot lines means the lines bounding a lot.

Medical facilities.

Convalescent, rest or nursing homes means a health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

Dental clinic or medical clinic means a facility for the examination and treatment of ill and afflicted human outpatients, provided that patients are not kept overnight except under emergency conditions.

Dental office or doctor's office means same as dental or medical clinic.

Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities, and staff offices which are an integral part of the facilities.

Public health center means a facility primarily utilized by a health unit for providing public health services including related facilities such as laboratories, clinics and administrative offices operated in connection therewith.

Sanatorium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation making use of natural therapeutic agents.

Non-conforming use means a structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.

Parking space means a permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile.

Roominghouse means a building where lodging only is provided for compensation to three or more, but not exceeding 20 persons. A building which has accommodations for more than 20 persons shall be defined as a "hotel" under the terms of this chapter.

Self-service laundry or dry-cleaning establishment means any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or dry cleaning wearing apparel, cloth, fabrics, and textiles of any kind by means of a mechanical appliance which is operated primarily by the customer.

Stable, private, means a stable with a capacity for not more than two horses or mules.

Stable, public, means a stable, other than a private stable, with a capacity for more than two horses or mules.

Story means that portion of a building, other than a basement included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Story, half, means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.

Street means any public or private thoroughfare which affords the principal means of access to abutting property.

Street, intersecting, means a street which joins another street at an angle, whether or not it crosses the other.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls.

Structure means anything constructed or erected, the use of which requires location on the ground or which is attached to something having a location on the ground.

Tourist court means an area containing one or more buildings designed or intended to be used as temporary sleeping facilities of one or more transient families and intended primarily for automobile transients.

Tourist home means a dwelling occupied as a permanent residence by an owner or renter in which sleeping accommodations in not more than four rooms are provided or offered for transient guests for compensation.

Trailer court ormanufactured home park means a parcel of land under single ownership which has been designed or improved or is intended to be used or rented for occupancy by one or more trailer houses or manufactured homes.

Trailer, hauling, means a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.

Trailer home ormanufactured home means a portable or mobile living unit used or designed for human occupancy on a permanent basis.

Trailer or manufactured home space means a plot of ground within a trailer court designed for the accommodation of one manufactured home.

Trailer, travel or camping, means a portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants, and containing less than 175 square feet of floor area.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this chapter that an accessory building or structure may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side yard, the depth of a front yard or the depth of a rear yard, the shortest horizontal distance between the lot line and the main building shall be used.

Yard, front, means a yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the outside wall of the main building.

Yard, rear, means a yard extending across the rear of a lot measured between the lot lines and being the minimum horizontal distance between the rear lot line and the rear of the outside wall of the main building. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side, means a yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the outside wall of the side of the main building.

(Prior Code, § 45-2.1; Code 1983, § 12-204; Ord. No. 301-A, 11-8-1990)