1.

Permitted: Permitted uses of buildings, structures or parcels of land shall be allowed in the zoning districts indicated under the conditions specified. No buildings, structures or parcels of land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building, structure or parcel of land shall be located, with the exception of the following:

a.

Uses lawfully established on the effective date hereof in accordance with the provisions of this Ordinance.

b.

Special uses allowed in accordance with the provisions of Section 9-30 of this Ordinance and Subsection 2. of this Section.

2.

Special: Special uses of buildings, structures or parcels of land, as hereinafter listed, shall be allowed in the zoning districts indicated under the conditions specified in accordance with the provisions of Section 9-30 of this Ordinance.

Where a use is classified as a special use under the provisions of this Ordinance and exists as a permitted use at the date of the adoption of this Ordinance, it shall be classified as a special use in the zoning district indicated under the conditions specified in accordance with the provisions of Section 9-30 of this Ordinance. The authorization of the special use shall be only for the use existing at the time of the adoption of this Ordinance and for no other use.

1.

Minimum Area: Every lot created subsequent to the effective date hereof, or any amendment hereto, shall meet the minimum area requirements of the zoning district within which it is located. In any district, a building, structure or use of land may be established on any lawfully established lot which is of record on the effective date hereof, or any amendment hereto, regardless of the area or width of the lot, provided that the lot has approved access to a public street and provided that all other requirements of this Ordinance are complied with.

2.

Minimum Lot Width: Every lot created subsequent to the effective date hereof, or any amendment hereto, shall meet the minimum lot width requirements of the zoning district within which it is located. In any district, a building, structure or use of land may be established on any lot which is of record on the effective date hereof, or any amendment hereto, regardless of the area or width of the lot, provided all other requirements of this Ordinance are complied with.

1.

Location of Required Yards: Yard requirements shall be as set forth under each zoning district for all buildings, structures and uses of land. All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right-of-way of any public roadway, public alley or public access way which exists by dedication, recorded easement or prescription and which is located on the lot shall not be included as part of the required yard.

2.

Required Yards for Existing Buildings: No yards, now or hereafter provided, for a building, structure or use existing on the effective date hereof, or any amendment hereto, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this Ordinance for equivalent new construction.

3.

Permitted Obstructions in Required Yards: All required yards shall be unobstructed from the ground level to the sky except the following:

a.

In all required yards, the ordinary projection of sills, belt courses, cornices, bay windows, buttresses, chimneys, ornamental features, and eaves may extend three feet (3') into the required yard. Steps or sidewalks which provide access to a building or structure or access to a lot from a street or alley may be located in any required yard.

b.

Decks and porches and patios with or without a permanent roof must comply with all yard and setback requirements of the zoning district in which located. Air conditioning equipment or other heating and ventilation equipment may extend five feet (5') into the required rear yard. Concrete, asphalt or brick patios poured on grade may extend into required yard areas, side and rear yard areas.

c.

Accessory buildings, structures or uses of land shall comply with the provisions of Section 9-15.

d.

Fences shall comply with the provisions of Section 9-18 hereof.

e.

Off-street parking and loading facilities shall comply with the provisions of Section 9-18 of this Ordinance.

4.

Corner Lot Yard Requirements: Each yard adjoining a public street shall maintain the required front yard setback for the zoning district in which the lot is located.

1.

Heights Limitations: Height limitations shall be as set forth under each zoning district for all buildings, structures and uses of land.

a.

Chimneys, ornamental towers, scenery lofts, monuments, cupolas, domes, spires, steeples, parapet walls, and similar structures and necessary mechanical appurtenances may be erected to their customary height, regardless of the height limitations of the zoning district in which they are located.

b.

Transmitting towers and radio towers may extend to a height of sixty feet (60'), including antenna, measured from the mean elevation of the finished lot grade at the front of the building or structure, regardless of the height limitations of the zoning district in which they are located. Said towers shall meet the yard requirements of the zoning district in which they are located.

2.

Bulk Regulations: Bulk regulations shall be as set forth under each zoning district for all buildings, structures and uses of land.

The maintenance of yards and other open space and minimum lot area legally required for a building, structure or use of land shall be a continuing obligation of the owner of such building, structure or use of land as long as the building, structure or use of land is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building, structure or use of land shall by virtue of change of ownership or for any reason, be used to satisfy yard, other open space, or minimum lot area requirements for any other building, structure or use of land.

Raising of crops shall be permitted in agricultural district. Dwelling units which are accessory to the farming uses shall also be permitted; provided, that the occupants of the dwelling units are engaged in agricultural activities on the premises as their principal means of livelihood.

1.

Purposes: It is the intent of the Section to allow as home occupations only those uses that conform to the standards of the Section. Custom and tradition are intentionally excluded as criteria. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence except for a sign as regulated elsewhere in the City Codes. The standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the neighborhood and to maintain the sub-ordinance and incidental status of the home occupation.

2.

Location: A home occupation may be conducted in any dwelling unit or in any building or structure accessory to the dwelling unit in any zoning district in which dwelling units are permitted.

3.

Permitted Uses: Home occupations shall be conducted only by residents of the subject property and shall include, but shall not be limited to, the following uses:

a.

Beauty shops; limited to one (1) operator who shall be a resident of the dwelling unit in which this home occupation is permitted.

b.

Babysitting services; limited to no more than four (4) children, not residents of the subject site.

c.

Instruction in music, dance, home crafts and art; provided that the total class size does not exceed four (4) students at any time.

d.

Offices of architects, brokers, engineers, insurance agents, lawyers, real estate agents, and urban planners; accountants and secretarial services, limited to one (1) practitioner.

e.

Offices of medical or dental practitioners; limited to one (1) practitioner.

f.

Offices of ministers, priests and rabbis.

g.

Office of salesman, sales representatives or manufacturer's representatives; provided that no retail transactions shall be made on the premises except through telephone, telegraph or mail communication.

h.

Studios of artists, authors, composers, photographers and sculptors; limited to one (1) practitioner.

i.

Workrooms of dressmakers, seamstresses and tailors limited to one (1) practitioner.

j.

Workrooms for home crafts, such as model making, rug weaving, lapidary work and cabinet making.

4.

Prohibited Uses: Permitted home occupations shall not be deemed to include the following uses:

a.

Animal hospitals.

b.

Barber shops.

c.

Clinics, medical and dental.

d.

Eating and drinking establishments.

e.

General retail and wholesale.

f.

Hospitals and sanitariums.

g.

Kennels.

h.

Rental of mobile homes, trailers and camper trailers.

i.

Stables.

j.

Undertaking establishments and funeral parlors.

5.

Standards: The following standards shall govern the operation of a home occupation:

a.

The building or structure in which the home occupation is located shall be subject to the regulations of the zoning district in which located.

b.

The home occupation shall be conducted completely within the dwelling unit or within an accessory building or structure.

c.

The home occupation shall be subordinate and incidental to the principal use of the building or structure for residential purposes and not more than twenty five percent (25%) of the gross floor area of the dwelling unit and accessory buildings or structures on the premises on which the home is located shall be devoted to the home occupation.

d.

The outside display of goods and the outside storage of equipment or materials utilized in the home occupation shall be prohibited.

e.

Off-street parking for the home occupation shall be provided in accordance with the provisions of this Ordinance.

f.

The home occupation shall not generate noise, vibration, glare, fumes, odors or electrical interference beyond that which normally occurs in the zoning district in which located.

Temporary model homes shall be used primarily to offer for sale or rental dwelling units located within the same subdivision or planned unit development in which the model home is located. The following regulations shall govern the operation of a model home:

1.

Upon request by the City, the owners of the property shall provide information relating to the use of the model home, including but not limited to, a record of sales or rentals made from the model home. If no sales, or rental activities occur in a one-year period, the model home status may be terminated by the City.

2.

Building materials may be stored within the garage of the model home but not upon the lot on which a model home is situated. No outdoor storage shall be permissible.

3.

Sales offices, rental offices and construction offices may be contained in a model home; provided that the appearance of the model home is not substantially different from that of the other dwelling units in the subdivision or planned unit development.

4.

A temporary off-street parking lot is permitted.

5.

Exterior floodlights may be used to illuminate the model home; provided that lights are sufficiently screened so that private dwelling units and traffic are not adversely affected by the floodlights.

6.

Signage may be provided up to twelve (12) square feet in area and must be externally illuminated, and not internally lighted.

1.

Location: Accessory buildings, structures or uses may be attached to, established within, or detached from the principal building, structure or use of land. Detached accessory buildings, structures, swimming pools or uses may be located in the required rear yard or interior side yard of any zoning district; provided that any portion of the detached accessory buildings or structures, including but not limited to eaves, cornices or overhangs shall not be located within five feet (5') of any rear or interior side lot line nor nearer to a lot line adjoining a street than the longest distance between such lot line and the nearest wall of the principal building or structure; nor closer than ten feet (10') from any other structure. In no case shall an accessory building or structure be located within any easement.

2.

Yard Requirements: All accessory buildings, structures or uses shall comply with the front and corner side yard requirements of the zoning district in which it is located. Accessory buildings, structures or uses attached to or established within the principal building or structure shall comply with the rear yard and interior side yard requirements of the zoning district in which located. Detached accessory buildings, structures or uses may be located in the required rear yard or interior side yard in accordance with the provisions of Subsection 1. of this Section.

3.

Height Limitations: All accessory buildings, structures or uses shall comply with the height limitations of the zoning district in which located; provided that the height of the principal building or structure to which it is accessory is not exceeded as provided in Section 9-11 of this Article.

4.

Bulk Regulations: All accessory buildings or structures shall comply with the bulk regulations of the zoning district in which located. The area of the accessory building or structure shall be included in the computation of the floor area ratio. Private garages accessory to each single-family residence or each apartment unit shall not exceed the gross floor area of the principle structure. This limit shall include the total area of all attached and detached garages, and accessory buildings or structures. Detached garages, storage sheds and other accessory structures shall not exceed fifteen feet (15') in overall height. No residence shall be permitted in any portion of detached garages. Garages for multi-family dwellings shall be permitted to accommodate up to three (3) vehicles per dwelling unit.

5.

Percentage of Required Yard Occupied: Detached accessory buildings or structures shall not occupy more than twenty five percent (25%) of the area of a required rear yard and interior side yard.

6.

Construction: Garages or accessory buildings that are built in the required interior side yard must have walls facing the front yard and covered in material similar to that of the principle structure.

7.

Accessory Structures existing or permits issued on or before the adoption of this Ordinance, shall be exempt from this Ordinance.

The City Council may authorize the temporary use of a building, structure or parcel of land in any manner prescribed elsewhere in this Ordinance for the zoning district in which it is located; provided that such use be of a temporary nature. Such use shall be granted for a period of time and subject to such conditions as the City Council determines to be necessary for the safeguarding of public health, safety and general welfare.

1.

Residence Districts: The establishment of fences in residence districts shall be regulated as follows, except as provided in Subsection 4. of this Section:

a.

Fences may be constructed and maintained in the front yard or corner side yard setbacks to a maximum height of three feet (3'). Front yard fences along State or U.S. Highways must be no more than three foot six inches (3'6") high.

b.

Fences shall be permitted in the required interior side yard or rear yard; provided that the fence does not extend nearer to a lot line adjoining a street than the longest distance between such lot line and the nearest wall of the principal building or structure; in the case of corner lots, not beyond the front or street side line of the building or structure; and does not exceed a height of six feet (6').

c.

Fences must be positioned so that the finished side faces away from the lot on which constructed.

d.

Finished side shall face outward.

2.

Business Districts: The establishment of fences in business districts shall be regulated as follows, except as provided in Subsection 4. of the Section:

a.

No front yard fences except along State of U.S. Highway up to thirty-eight inches (38") high only.

b.

Fences shall be permitted in the required interior side yard or rear yard; provided, that the fence does not extend nearer to a lot line adjoining a street than the longest distance between such lot line and the nearest wall of the principal building or structure. In the case of corner lots, not beyond the front or street sideline of the longest distance between such lot line and the nearest wall of the principal building or structure. In the case of corner lots, not beyond the front or street side line of the building or structure; and does not exceed a height of eight feet (8').

c.

Fences must be positioned so that the finished side faces away from the lot on which constructed.

d.

Finished side shall face outward.

3.

Industrial Districts: The establishment of fences in industrial districts shall be regulated as follows, except as provided in Subsection 4. of this Section:

a.

Fences may be located in any required yard.

b.

All fences other than those intended for decorative or screening purposes shall be buffered with berming and/or landscaping.

c.

All fences shall not exceed a height of ten feet (10').

d.

Fences must be positioned so that the finished side faces away from the lot on which constructed.

Walls which enclose outside storage shall be a minimum of six feet (6') and a maximum of fifteen feet (15') in height.

4.

Miscellaneous Uses of Land: Screening which is required for swim and/or tennis clubs and private and public utility facilities shall be regulated as follows:

a.

Fences may be located in any required yard.

b.

All fences other than those intended for decorative or screening purposes shall be buffered with berming and/or landscaping.

c.

All fences shall not exceed a height of six feet (6') except those for tennis courts or ball field shall not exceed a height of twelve feet (12').

d.

Fences must be positioned so that the finished side faces away from the lot on which constructed.

Along all major arterials, as established by the officially adopted Comprehensive Plan, there shall be a setback twenty feet (20') from the edge of the right-of-way. No building, structure, off-street parking facility or off-street loading facility shall be located in this setback. Where the condition imposed by this provision is either more restrictive or less restrictive that the yard requirements of individual zoning districts, the more restrictive requirement shall govern.

The rental of boarding rooms in single-family detached dwellings, two-family dwellings, duplexes, single-family attached dwellings, and multi-family dwellings shall be permitted as a special use; provided that there shall be not more than one (1) boarding rooms per dwelling unit for not more than one (1) persons per dwelling unit. Must be owner or lessee occupied.

Where there is any ambiguity or dispute concerning the interpretation of this Ordinance, the decision of the Zoning Administrator shall prevail, subject to appeal as provided in Section 9-28 of this Ordinance. The Zoning Administrator may allow as a permitted use or special use those uses which, though not contained by name in a zoning district list of permitted or special uses, he or she determines to be of the same general character as the listed permitted or special uses, subject to approval by the City Council with recommendation of the Planning Commission.

1.

Continuance of Existing Buildings and Structures: Any building or structure which existed at the time of the adoption of this Ordinance, or any amendment hereto, and which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations or bulk regulations of the zoning district in which said building or structure is located upon the adoption of this Ordinance, or any amendments hereto, may be continued during the remainder of the normal life to the building or structure or until the building or structure has deteriorated to the extent that it is no longer safe. The continuance of such building or structure shall be subject to the regulations herein set forth.

2.

Repairs and Alterations:

a.

Repairs and alterations which increase the bulk of the building or structure may be made to a building or structure which does not comply with the conditions of the zoning district in which said building or structure is located; provided said repairs or alterations comply with all regulations, including conditions, of the zoning district in which said building or structure is located.

b.

Repairs and alterations which increase the bulk of the building or structure may be made to a building or structure which does not comply with the area requirements of the zoning district in which said building or structure is located, provided said repairs or alterations comply with the conditions, yard requirements, height limitations, and bulk regulations of the zoning district in which said building or structure is located.

c.

Repairs and alterations which increase the bulk of the building or structure may be made to a building or structure which does not comply with the lot width requirements of the zoning district in which said building or structure is located, provided said repairs or alterations comply with the conditions, yard requirements, height limitations, and bulk regulations of the zoning district in which said building or structure is located.

d.

Repairs and alterations which increase the bulk of the building or structure and which increase the lot coverage may be made to a building or structure which does not comply with the yard requirements of the zoning district in which said building or structure is located, provided said repairs or alterations comply with the conditions, yard requirements, height limitations, and bulk regulations of the zoning district in which said building or structure is located.

e.

Repairs and alterations which increase the bulk of the building or structure and which do not increase the lot coverage may be made to a building or structure which does not comply with the yard requirements of the zoning district in which said building or structure is located, provided said repairs or alterations comply with the conditions, yard requirements, height limitations, and bulk regulations of the zoning district in which said building or structure is located.

f.

If a building or structure exceeds the height limitations of the zoning district in which said building or structure is located, repairs and alterations which increase the bulk of the building or structure and which increase the lot coverage may be made; provided said repairs or alterations comply with the conditions of the zoning district in which said building or structure is located.

g.

If a building or structure exceeds the height limit-actions of the zoning district in which said building or structure is located, repairs and alterations which increase the bulk of the building or structure and which do not increase the lot coverage may be made; provided (a) said repairs or alterations comply with the conditions and bulk regulations of the zoning district in which said building or structure is located and (b) the height limitations are not further exceeded.

h.

If a building or structure exceeds the bulk regulations of the zoning district in which said building or structure is located, repairs and alterations which increase the bulk of the building or structure and/or which increase the lot coverage may not be made.

i.

Nothing in this Ordinance shall prevent the reconstruction, repairing or rebuilding of a building, structure or part thereof which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations, or bulk regulations of the zoning district in which said building or structure is located and which exists at the effective date hereof, rendered necessary by wear and tear, or deterioration or which is required by the provisions of the building regulations of the City relative to the maintenance of said buildings or structures, provided the cost of such work, within a two (2) year time period, shall not exceed fifty percent (50%) of the replacement cost of such building or structure at the time such work is done.

3.

Restoration: If a building or structure which does not comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations, or bulk regulations of the zoning district in which said building or structure is located is damaged by fire, collapse, explosion, or other casualty or natural disaster to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the replacement cost of the building or structure at the time of destruction or damage, then any new construction or reconstruction must comply with all regulations of the zoning district in which the building or structure is located.

4.

Relocation of Buildings or Structures: No building or structure which does comply with the conditions, area requirements, lot width requirements, yard requirements, height limitations or bulk regulations of the zoning district in which said building or structure is located shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure complies with the regulations of the zoning district in which it is to be located.