This chapter is adopted for the purpose of:

   (A)   Protecting the public health, safety, morals, comfort, convenience, and general welfare;

   (B)   Dividing the city into zones and districts and regulating therein the location and use of structures and land;

   (C)   Promoting orderly development of the residential, agricultural, recreational, and public areas;

   (D)   Providing adequate light, air, and convenience of access to property;

   (E)   Limiting congestion in the public rights-of-way;

   (F)   Preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them;

   (G)   Providing for the compatibility of different land uses and the most appropriate use of land throughout the city;

   (H)   Providing for the administration of this chapter and amendments thereto;

   (I)   Defining the powers and duties of the administrative officers and bodies, as provided hereinafter;

   (J)   Prescribing penalties for the violation of the provisions of this chapter or any amendment thereto.

(Prior Code, § 901.01)

   It is the policy of the city that enforcement, amendment, and administration of this chapter be accomplished with due consideration of the recommendation contained in the city's Comprehensive Plan.

(Prior Code, § 901.02)

   Whenever, in any zoning district, a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case the Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable, and if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use. The City Council, Planning Commission or property owner may, if appropriate, initiate an amendment to the zoning ordinance to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.

(Prior Code, § 901.03)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future tense; words in the singular number shall include the plural, and words in the plural shall include the singular.

   ACCESSORY BUILDING OR USE. A subordinate building or use which is located on the same lot on which the main building or use is situated and is reasonably necessary and incidental to the conduct of the primary or principle use of such building or main use.

   AGRICULTURE USES. Those uses commonly associated with the growing of produce on farms. These include: field crop farming; pasture for hay; fruit growing; tree, plant, shrub, or flower nursery without building; truck gardening; roadside stand for sale in season; and livestock raising and feeding, but not including fur farms, commercial animal feed lots and kennels.

   ALLEY. A public right-of-way which affords secondary access to abutting property.

   APARTMENT. A room or suite of rooms with cooking facilities available which is occupied as a residence by a single family. Includes buildings with 2 or more dwelling units and efficiency units.

   AUTOMOBILE CAMP. Land or premises used or intended for occupancy by campers traveling by automobile or otherwise or for occupancy by trailers or movable buildings, tents, rooms or sleeping quarters of any kind.

   AUTO OR MOTOR VEHICLE REDUCTION YARD. A lot or yard where 1 or more unlicensed motor vehicles, or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale as scrap, storage or abandonment. (See also JUNK YARD.)

   BANNERS AND PENNANTS. Attention getting devices which resemble flags and are of a paper, cloth or plastic-like consistency.

   BASEMENT. A portion of a building located partly underground and having ½ or less of its floor to ceiling height below the average grade of the adjoining ground.

   BOARDINGHOUSE. A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for 3 or more unrelated persons, but not to exceed 10 persons.

   BOATHOUSE. A structure used solely for the storage of boats or boating equipment.

   BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.

   CONDITIONAL USE PERMIT. A permit issued by the Council in accordance with procedures specified in this chapter, as a flexibility device to enable the Council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use presents.

   CONDOMINIUM. A multi-family dwelling containing individually owned dwelling units and jointly owned and shared areas and facilities, which dwelling is subject to the provisions of the Minnesota Condominium Law.

   CONVENIENCE FOOD ESTABLISHMENT. An establishment which serves food in or on disposable or edible containers in individual servings for consumption on or off the premises.

   COOPERATIVE (HOUSING). A multi-family dwelling owned and maintained by the residents. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.

   DAY CARE - HOME. A family dwelling in which foster care, supervision and training for children of school or preschool age out of their own home is provided.

   DAY CARE - GROUP NURSERY. A service provided to the public, in which children of school or preschool age are cared for during established business hours.

   DEPARTMENT STORE. A business which is conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed, enclosed and are exhibited and sold directly to the customer for whom the goods and services are furnished.

   DOG KENNEL. Any place where 3 dogs or more over 6 months of age are boarded, bred and/or offered for sale, except a veterinary clinic.

   DRIVE-IN. Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is the principal service offered.

   DWELLING UNIT. A building or 1 or more portions thereof occupied or intended to be occupied exclusively for human habitation, but not including rooms in motels, hotels, nursing homes, boarding houses, nor trailers, tents, cabins, or trailer coaches. A dwelling shall not be interpreted to include lodging rooms.

   ESSENTIAL SERVICES. Underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, or other similar equipment and accessories in conjunction therewith; but not including buildings.

   FAMILY. An individual, or 2 or more persons each related by blood, marriage, or adoption living together as a single housekeeping unit, or a group of not more than 4 persons not so related, maintaining a common household.

   FARM. A tract of land which is principally used for commercial agriculture, all of which is owned and operated by a single family, farm corporation, individual or corporation.

   FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.

   FLOOD PLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.

   FLOOR AREA. The net usable floor area of the various floors.

   GARAGE, PRIVATE. An accessory building or accessory portion of the principle building which is intended for and used to store the private passenger vehicles of the family or families resident upon the premises, and in which no business service or industry is carried on; provided that not more than one-half of the space may be rented for the private vehicles of persons not resident on the premises.

   GARAGE, PUBLIC. A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for renumeration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use.

   GARAGE, REPAIR. A building or space for the repair or maintenance of motor vehicles but not including factory assembly of such vehicles, auto wrecking establishments or junk yards.

   HOME OCCUPATION. A gainful occupation carried on in the home when engaged in by the person or persons residing in the dwelling.

   HOTEL. A building having provision for 6 or more guests in which lodging is provided with or without meals for compensation and which is open to transient or permanent guests or both, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

   INDUSTRIAL USE. A permitted, accessory or conditional use allowed in the “I” District.

   JUNK YARD. An area where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, dissembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber products, bottles and used building materials. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. Such use shall not include organic waste or material.

   LOT. A parcel, piece, or portion of land designated by metes and bounds, registered land survey, plat, or other means and separated from other parcels or portions by said description which is recorded or to be recorded in the office of the County Register of Deeds.

   LOT AREA. The area of a lot in a horizontal plane bounded by the lot lines.

   LOT, CORNER. A lot situated at the junction of and abutting on 2 or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

   LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line.

   LOT, INTERIOR. A lot other than a corner lot, including through lots.

   LOT LINE. A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this chapter.

   LOT LINE, FRONT. That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street except that a corner lot in a non-residential area shall be deemed to have frontage on both streets.

   LOT LINE, REAR. That boundary of a lot which is opposite the front lot line. If the rear lot line is less than 10 feet in length or if the lot forms a point at the rear, the rear lot line shall be a line 10 feet in length within the lot, parallel to, and at the maximum distance from the front lot line.

   LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

   LOT, THROUGH. Any lot other than a corner lot which abuts more than one street.

   LOT OF RECORD. A platted lot or metes and bounds parcel which has been recorded in the Office of the Register of Deeds prior to the adoption of this chapter.

   LOT WIDTH. The horizontal distance between the side lot lines of a lot measured parallel to the front lines of the lot at the setback line.

   MANUFACTURED HOME. A manufactured, transportable, single-family dwelling subject to tax or registration and suitable for year-round occupancy and containing water supply, waste disposal, and electric conveniences designed for attachments to outside systems. Its design allows manufactured homes to be mounted on wheels and used as a conveyance on highways and streets.

   MANUFACTURED HOME PARK. An approved manufactured home park which has underground utility service to each site and also rest room and washing facilities as specified by the state.

   MANUFACTURING, HEAVY. All manufacture, compounding, processing, packaging, treatment or assembly of products and materials that may emit objectionable and offensive influences beyond the lot on which the use is located.

   MANUFACTURING, LIGHT. All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials, provided such use will not generate offensive odors, glare, smoke, dust, noise, vibrations, or other objectionable influences that extend beyond the lot on which the use is located.

   MAY. Permissive.

   MOBILE HOME. See MANUFACTURED HOME.

   MODULAR HOME. A manufactured, single-family dwelling, suitable for year-round occupancy and containing water supply, water disposal and electrical conveniences designed for attachment to outside systems, all constructed in conformance with building, fire and plumbing codes.

   MOTOR COURTS, MOTOR HOTEL or MOTEL. A building or group of buildings other than a hotel used primarily as a temporary residence of a motorist.

   MOTOR FUEL STATION. A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying goods and services generally associated with the operation and maintenance of motor vehicles. These may include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories, and replacement items, washing and lubrication services, and the performance of minor automotive maintenance and repair.

   MUNICIPAL BUILDING. A building or structure owned by the city.

   NONCONFORMING STRUCTURE OR USE. Any structure or use which on the effective date of this chapter does not, even though lawfully established, conform to the applicable conditions if the structure or use was to be erected under the guidance of this chapter.

   NURSING HOME. A private home for the care of children or the aged or infirmed or place of rent for those suffering bodily disorder. Such a home does not contain equipment for surgical care or for the treatment of disease or injury, nor does it include maternity care for care for mental illnesses or infirmities.

   OFF-STREET LOADING SPACE. A space accessible from the street, alley, or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall be of such size as to accommodate 1 truck of the type typically used in the particular business.

   OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, or trade where such goods are not enclosed within a building.

   OPEN SPACE RECREATIONAL USE. Recreational use particularly oriented to and utilizing the character of an area; including biking and riding trails, primitive campsites, campgrounds, waysides, parks and recreational areas.

   OPEN STORAGE. Storage of any material outside of a building.

   PARKING SPACE. An area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store 1 automobile which has adequate access to a public street or alley and permitting satisfactory ingress and egress of an automobile.

   PARTY WALL. A common wall which divides 2 independent structures.

   PERFORMANCE STANDARD. Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

   PERSON. An individual, to include both male and female, and shall also extend and be applied to bodies political and corporate and to partnership and other unincorporated associations.

   PLANNING COMMISSION. The Planning Commission of Stacy.

   PUBLIC USES. Uses owned or operated by municipal, school districts, county, state, or other governmental units.

   PUBLIC WATER. Any waters of the state which serve a beneficial public purpose, as defined by Minnesota Statutes. However, no lake, pond or floodage of less than 10 acres in size and no river or stream having a total drainage area less than 2 square miles. Such public water shall be determined by the Minnesota Department of Natural Resources. Any body of water created by a private user where there was no previous shoreland for a designated private use as approved by the Commission of the Minnesota Department of Natural Resources is not included as a public water.

   RECREATIONAL FIELD OR BUILDING. An area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semi-public use, whether temporary or permanent, except a theatre, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purpose of this chapter.

   REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota, and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval.

   RESTAURANT. An establishment which serves food in or on non-disposable dishes to be consumed primarily while seated at tables or booths within the building.

   SETBACK. The minimum horizontal distance between a building and street right-of-way or property line. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure at ground level.

   SEWAGE DISPOSAL SYSTEM. Any system for the collection, treatment, and dispersion of sewage, including but not limited to septic tanks, soil absorption systems, and drain fields.

   SHALL. Mandatory.

   SLOPE. The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

   SPECIAL USE PERMIT. A permit specially and individually granted by the Board, after a public hearing thereon by the Planning Commission, for any use listed as a special use in any district.

   STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a STORY.

   STREET. A public right-of-way which affords a primary means of access to abutting property and shall also include avenue, highway or road.

   STREET WIDTH. The width of the right-of-way, measured at right angles to the centerline of the street.

   STRUCTURE. Anything constructed or erected, the use of which requires location on the ground; or attached to something having a location on the ground. This shall include signs.

   STRUCTURE, NONCONFORMING. Any structure which is legally existing upon the effective date of this chapter, which would not conform to the applicable regulations if the structure were to be erected under the provisions of this chapter.

   STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.

   SUBDIVISION. The division of any parcel of land into 2 or more lots, blocks, and/or sites, with or without streets or highways and includes resubdivision.

   USE. The purpose or activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such activity as defined by the performance standards of this chapter.

   USE, ACCESSORY. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

   USE, NONCONFORMING. Use of land, buildings or structures legally existing at the time of the adoption of this chapter which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which such use is located.

   USE, OPEN. The use of a lot without a building or including a building incidental to the open use.

   USE, PERMITTED. A public or private use which of itself conforms with the purposes and objectives of a particular district which conforms with all requirements, regulations and performance standards of such a district.

   USE, PRINCIPAL. The main use of land or buildings as distinguished from subordinate or accessory uses. A PRINCIPAL USE may be either permitted or conditional.

   VARIANCE. The waiving action of the literal provisions of the zoning ordinance to instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration.

   WAREHOUSING. The storage materials or equipment within an enclosed building as a principal use.

   WATERSHED. The area drained by the natural and artificial drainage system, bounded peripherally by a bridge or stretch of high land dividing drainage areas.

   WATERSHED MANAGEMENT OR FLOOD CONTROL STRUCTURE. A dam, floodwall, wing-dam, dike, diversion channel, or an artificially deepened or widened stream channel following the same or approximately the same course as the natural channel, or any other structure for altering or regulating the natural flow condition of a river or stream. The term watershed management or flood control structure does not include pilings, retaining walls, gablon baskets, rock riprap, or other facilities intended primarily to prevent erosion and which must be authorized by period from the Commissioner of the Minnesota Department of Natural Resources.

   WHOLESALING. The selling of goods, equipment and materials by bulk to another business that in turn sells to the final customer.

   YARD. An open space on a lot, which is occupied, and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located.

   YARD, FRONT. A yard extending across the front of the lot between the inner side yard lines and lying between the front line of the lot and the nearest line of the building.

   YARD, REAR. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.

   YARD, SIDE. A yard between the side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard.

   ZONING DISTRICT. An area or areas within the limits of the zoning jurisdiction for which the regulations and requirements governing use are uniform.

(Prior Code, § 901.04) (Am. Ord. 2001-8-1, passed - -2001; Am. Ord. 2013-5-1, passed 6-11-2013; Am. Ord. 2015-3-2, passed 3-16-2015; Am. Ord. 2018-9-4, passed 9-11-2018; Am. Ord. 2019-8-3, passed 8-13-2019; Am. Ord. 2020-11-3, passed 11-10-2020)

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

   (B)   Where the conditions of this chapter are comparable with conditions imposed by any other law, ordinance, statute, resolution, or regulation, the regulations which are more restrictive shall prevail.

   (C)   No structure may be erected, converted, enlarged, reconstructed or altered, and no structure or land may be used for any purpose nor in any manner which is not in conformity with the provisions of this chapter.

   (D)   No cellar, garage, tent, trailer, basement or accessory building shall at any time be used as a dwelling unit except mobile homes as regulated in this chapter.

   (E)   Public utility services, erected, constructed, altered or maintained by public utilities or by governmental departments or commissioners, because of their nature and function, are permitted uses in all districts, subject to the application and granting of a special use permit where substations or other structures are to be built.

(Prior Code, § 901.05)

      (1)   Except as otherwise provided in this division (B)(1), a nonconforming use shall not be enlarged, moved, or extended to occupy a greater area of land, but may continue at the size and intensity and in the manner of operation existing upon the date of its nonconformity.

         (a)   A nonconforming use may be enlarged or extended to occupy a greater area of land if any such enlargement or extension is required by the laws, rules, or ordinances of the county, the state, or the United States of America, or is necessary in order to comply with a written recommendation directed specifically to that use by any such governmental authority or an enforcement agency thereof having the authority to regulate the subject matter of the written recommendation, and if any such requirement or written recommendation relates to the health, safety, and/or welfare of the general public. Allowed enlargements or extensions pursuant to this division (B)(1)(a) include, but are not limited to, those done to comply with the requirements of Americans with Disabilities Act (ADA).

         (b)   A nonconforming use allowed to enlarge or extend pursuant to division (B)(1)(a) above may also enlarge or extend to regain any lost capacity to function in the manner the use is conducted, which capacity was lost as the result of compliance with any such law, rule, ordinance, or written recommendation of any such governmental authority. However, the recaptured capacity shall not exceed the area, size, height, or intensity of use of the original such capacity lost as a result of the compliance.

         (c)   A nonconforming use may be reconfigured if, in the discretion of the city, the reconfiguration would lessen the nonconformity, abate nuisances, and protect the public health, safety, and welfare. If a use is reconfigured, the property owner must enter into an agreement with the city, drafted by the City Attorney, stating, among other things, the purpose of the reconfiguration and that the nonconforming use will remain a legal nonconforming use.

      (2)   A nonconforming use may be continued through repair, replacement, restoration, maintenance, or improvement, but not expansion except as set forth in division (B)(1) above. When any nonconforming use has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

      (3)   A nonconforming use may be changed to lessen the nonconformity of that use. Thereafter the use may not be so altered as to increase the nonconformity.

      (4)   A nonconforming use shall not be re-established if discontinued for a continuous 1-year period, but shall remain in conformance with the provisions of this chapter, as amended.

      (5)   Any nonconforming use for which a license, permit, or other evidence of city approval was lawfully issued prior to the nonconformity may be conducted in accordance with the terms of the city’s mode of approval, provided that the use is started within 60 days of the date and has not been abandoned for a period of more than 120 days. The use shall thereafter be a legally nonconforming use.

      (1)   A vacant nonconforming lot may be allowed as a buildable lot provided that all the following conditions are met:

         (a)   The lot is of record;

         (b)   No owner of any abutting lot has any potential ownership interest in the nonconforming lot through any relationship of blood, marriage, or business with any owner of the nonconforming lot;

         (c)   The lot was, within 1 year of the latest application for a building permit, previously occupied by a principal or accessory structure actually used for the same purpose or activity or in the same manner as the structure for which the permit is sought; or the proposed structure will meet all setback requirements which currently apply to the lot; and

         (d)   All other applicable requirements of this chapter are met.

      (2)   Nonconforming lots containing a principal structure may add a permitted accessory structure provided that the accessory structure will meet all minimum setback requirements of this chapter.

      (3)   Additions to principal or accessory structures located on nonconforming lots may be permitted provided that any such addition will meet all minimum setback requirements of this chapter.

      (1)   Nonconforming principal structures shall not be enlarged or altered in a way which increases their nonconformity. Nonconforming accessory structures which are totally within a required yard setback area shall not be enlarged or expanded in any way. Notwithstanding, a nonconforming structure may be reconfigured if, in the discretion of the city, the reconfiguration would lessen the nonconformity, abate nuisances, and protect the public health, safety, and welfare. If a nonconforming structure is reconfigured, the property owner must enter into an agreement with the city, drafted by the City Attorney, stating, among other things, the purpose of the reconfiguration and that the nonconforming structure will remain a legal nonconforming structure.

      (2)   If any nonconforming structure has deteriorated or is damaged by fire or other peril to the extent of 50% or more of its market value as determined by the county assessor and no building permit has been applied for within 180 days of when the property is damaged, any subsequent rebuilding or replacing of the structure shall conform to the terms of this chapter. Any building which is damaged to an extent of less than 50% of its value may be restored to its former extent if it is reconstructed within 12 months after the date of the damage. Estimates of the extent of damage shall be made by the building official.

      (3)   If a nonconforming structure is moved for any distance whatsoever, it shall conform to the regulations for the district in which it is located after it is moved, except as stated in division (D)(1) above.

      (4)   Normal repairs and maintenance necessary to keep a nonconforming structure in sound condition shall be permitted.

      (5)   Replacement, restoration, and improvement to a nonconforming structure shall be permitted.

      (6)   Nothing in this chapter shall prevent the placing of a structure in safe condition when the structure is declared unsafe by the building official, provided that a building permit has been applied for within 180 days of when the property is declared unsafe.

      (7)   Any nonconforming structure for which a building permit was lawfully issued prior to the nonconformity may be completed in accordance with the approved plans, provided that construction is started within 60 days of the date, is not abandoned for a period of more than 120 days, and continues to completion within 2 years. The structure and use shall thereafter be a legally nonconforming structure and use.

      (8)   The city may impose reasonable conditions upon a building permit that is applied for within 180 days after a structure is destroyed by fire or other peril to the extent of greater than 50% of its market value or is declared unsafe in order to mitigate any newly created impact on adjacent property.

      (1)   Site improvements are those works or facilities required by this chapter for the use of the site or placed on the property at the option of the use occupying the land. Such improvements might include, by way of example, parking lots, landscaping, accessory buildings, trash enclosures, and screening.

      (2)   Except as otherwise provided in division (E)(4) below, nonconforming site improvements may continue to serve a principal use so long as no certificate of occupancy is required for the property pursuant to the city code.

      (3)   A certificate of occupancy may be issued for a portion of a multiple-occupancy building without bringing the existing site improvements for the entire building into compliance with this chapter so long as any nonconformity is not increased. If a multiple-occupancy building becomes completely vacant, its site improvements must be brought into compliance with this chapter prior to any future occupancy. This section shall not imply the loss of any vested rights expressed in this chapter with regard to nonconforming structures.

      (4)   Upon any change in occupancy, nonconforming paved parking areas may continue to be utilized without improvement if the number of parking places supplied remains adequate pursuant to the guidelines set forth in this chapter, and the paved surface has not, in the city’s judgment, deteriorated so as to be economically beyond repair. If the parking surface cannot be economically repaired for the new occupancy, then the parking lot surface must be replaced or otherwise brought into compliance with this chapter. Unpaved parking areas, when required, must be brought into compliance with this chapter prior to the issuance of any certificate of occupancy required pursuant to the city code because of a change of use.

      (5)   When expansion of an existing site improvement is required, the newly constructed portion of the site improvement shall meet all of the requirements of this chapter.

(Ord. 2009-5-1, passed 5-12-2009)

(Prior Code, § 901.07)

   (A) The location of street lighting in commercial districts shall comply with the Illuminating Engineering Society (IES) standards and is subject to review and approval by the City Engineer.

   (B)   Residential street lighting fixtures shall be LED or other energy efficient fixtures approved by the City Council. All poles and fixtures used in new residential districts shall meet city standards and shall be approved by the City Engineer.

   (C)   The standards in this section shall apply to all future developments and subdivisions and shall be retroactively applied to all subdivisions in which street lighting has not been installed as of the effective date of the ordinance set forth in this chapter. In the event pre-existing street lighting is changed, improved, or converted after the adoption of this section, the modified street lighting must be completed in conformance with this section.

(Ord. 2003-7-4, passed - -2003; Am. Ord. 2016-11-3, passed 11-9-2016)