Provisions set forth in this subchapter apply to the entire corporate area of the city, and all zoning districts therein.

(Ord. passed 4-4-2000)

   (A)   Use of residentially zoned property for access. No residentially zoned land shall be used for driveway, walkway or access purposes to any land which is nonresidentially zoned or used for any purpose not permitted in a residential district.

   (B)   Access to commercial uses. Where a parcel of property zoned for commercial use abuts more than one street, access from either street to such property will be permitted only if no residentially zoned property lies immediately across such street from the commercial zoned property, except that access may be permitted from any collector or thoroughfare and except that one point of access shall be permitted in any case, notwithstanding other provisions of this chapter.

   (C)   Facing of commercial uses. Commercial uses shall face other commercial or industrial districts across a street if within a commercial or industrial zone, and shall not face residential zones which may front on an intersecting or rear street adjacent to such commercial or industrial zone, except where property has been previously zoned commercial or industrial.

(Ord. passed 4-4-2000)

   The enforcing official of the city may in the performance of his or her functions and duties under the provisions of this chapter enter upon any land and make examinations and surveys as deemed necessary in the administration and enforcement of this chapter.

(Ord. passed 4-4-2000)

   (A)   For any public street or alley that is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the centerline of the property which is abandoned.

   (B)   For any public property other than streets or alleys, the regulations applicable to the zoning classifications that abut the abandoned property for the greatest number of lineal feet shall apply to the entire property. For purposes of this division (B), property separated by an intersecting street shall be deemed to abut said abandoned property along the centerline of such street right-of-way.

(Ord. passed 4-4-2000)

   Church spires, chimneys, water, fire, radio and television towers, smoke stacks, flag poles, monuments and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established; however, the heights of these structures or appurtenances thereto shall not exceed the height limitations within any airport flight approach zone.

(Ord. passed 4-4-2000)

   (A)   Flood hazard areas shall include all areas subject to inundation by flood waters of the 100-year frequency as delineated by the most recent flood hazard boundary map or flood insurance rate map, as the case may be, issued by or on behalf of the Federal Insurance Administration, and approved by the Planning and Zoning Commission and City Council.

   (B)   Development and/or use of any areas subject to inundation according to division (A) above shall comply with the regulations and requirements of the zoning district where such is located and the flood hazard prevention ordinance (Chapter 152).

(Ord. passed 4-4-2000)

   (A)   Defined: see Appendix B, § 1(d).

   (B)   Persons desiring to conduct a home occupation shall make application to the Building Inspector for a permit for such activity.

      (1)   The Building Inspector shall determine whether the home occupation is clearly incidental and subordinate to the dwelling unit and meets other standards cited herein. If such is the case, a permit for same shall be issued by the Building Inspector. Once said home occupation permit is issued to an applicant, it cannot be transferred to a second applicant through the sale, leasing or rental of the premises on which said home occupation is located or in any other manner.

      (2)   Such application for a permit shall contain such information as the Building Inspector may require, but, in any event, shall include the following:

         (a)   Name of applicant;

         (b)   Location of residence where the home occupation will be conducted;

         (c)   Total floor area of the residence;

         (d)   Area of room or rooms to be utilized in the conduct of the home occupation;

         (e)   A sketch with dimension showing the floor plan and the area to be utilized for the conduct of the home occupation; and

         (f)   The exact nature of the home occupation.

   (C)   Any person may seek revocation of a home occupation permit by making application therefor to the Building Inspector, who shall cause an investigation to be made to determine whether the permit holder is conducting said home occupation in a lawful manner as prescribed by this section. In the event that the Building Inspector determines that the permit holder is in violation of the provisions of this section, said permit shall be immediately revoked by the Building Inspector. The decision of the Building Inspector shall be subject to appeal to the Board of Adjustment.

   (D)   All home occupations shall comply with the following standards and criteria before permits can be issued:

      (1)   The home occupation shall be conducted only within the principal building;

      (2)   No more than one additional person other than members of the family residing at the permitted location shall be employed or engaged in said home occupation;

      (3)   There shall be no alteration or change to the outside appearance, character or use of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign not exceeding one square foot in area, non-illuminated, mounted flat against the wall of the principal building;

      (4)   No home occupation shall occupy more space than 20% of the total floor area of a residence, exclusive of any open porch, attached garage or similar space not suited for or intended to be occupied as living quarters, provided, however, that in no event shall such home occupation occupy more than 500 square feet;

      (5)   No equipment or process shall be used in such home occupation which creates noise, vibrations, glare, fumes, odors or electrical interference detectable to the normal senses outside the dwelling unit, nor shall there be any combustible materials located anywhere on the premises which are in violation of the city’s Fire Prevention Code, in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in live voltage off the premises;

      (6)   No articles or materials used in connection with such home occupation shall be stored on the premises other than in the principal building so used;

      (7)   No offensive noise, vibration, smoke, dust, odors, heat or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted;

      (8)   The home occupation shall not generate such additional traffic as to create a traffic hazard or disturbance to nearby residents;

      (9)   The occupation, profession, craft or enterprise shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith; and

      (10)   No more than one automobile or truck, whose size shall not be larger than a stock one ton panel or pick-up truck and used in conjunction with such home occupation, shall be permitted to park on the premises or off the premises and within view from surrounding properties.

(Ord. passed 4-4-2000)

   Dwelling units shall not be permitted in any commercial or industrial districts except as otherwise provided for in this chapter.

(Ord. passed 4-4-2000)

   (A)   In all districts, no building or structure except as hereinafter provided shall be erected on a lot or parcel of land which does not abut a public street for the required minimum lot width of the district where such is located; however, a residential dwelling may be erected on a tot or parcel of land which abuts at least one public or private street for at least 50 feet, except that a minimum street abutment distance of at least 25 feet, may apply to properties of an irregular shape bordering curving streets or cul-de-sacs provided that a minimum building line width of 50 feet is met at the required front yard setback line.

   (B)   Any building or structure existing on a lot or parcel of land in violation of division (A) above prior to the effective date of this section may be modified, enlarged or extended, provided said modification, enlargement or extension shall not be closer to any property line than the required side yard area applicable to the district within which such building or structure is located.

(Ord. passed 4-4-2000)

   (A)   General.

      (1)   Any lawful use of land or a building existing at the date of passage of this chapter and located in a district in which it is not permitted under this chapter, is hereby declared a nonconforming use and not in violation of these regulations; however, such nonconforming use shall be subject to the regulations in this subchapter.

      (2)   A nonconforming use shall not be expanded, and a building in which a nonconforming use is being conducted shall not be structurally altered, except under terms prescribed in division (D) below.

   (B)   Certificate of occupancy.

      (1)   The owner of a nonconforming building or use shall certify by affidavit to the Building inspector that his or her building or use was made nonconforming by the passage of this chapter.

      (2)   On acceptance of the affidavit, the Building Inspector shall issue a certificate of occupancy for the nonconforming use or building. Such certificate shall designate the location, nature and extent of such nonconforming use and any additional data necessary for issuance of said certificate.

      (3)   If, upon review of the affidavit, any illegally established violation of previous or existing ordinances or codes is found, the Building Inspector shall not issue said certificate of occupancy and shall declare such use to be in violation of this chapter and shall act accordingly.

      (4)   Any use not in conformance with this chapter and on which no certificate of occupancy has been issued shall be presumed to be in violation of these zoning regulations and shall be treated accordingly.

   (C)   Continuation of nonconforming use of land. Any use of land in legal existence prior to passage of this chapter may continue as to its specific use at the time of passage. This shall not, however, limit any other authority of the city in controlling or abating nuisances, hazards or infringement on public welfare.

   (D)   Change of nonconforming use.

      (1)   (a)   A nonconforming use may be changed to another similar nonconforming use where, in the opinion of the Board of Adjustment, such new use:

            1.   Will not extend the life of a nonconforming use;

            2.   Will reduce traffic, sound, odor, smoke or number of employees;

            3.   Will not include structural alteration or expansion; and

            4.   Will improve the character and value of surrounding property.

         (b)   Such change in use may be permitted only following formal application for change with the Board of Adjustment. Where proper findings are made, the Board of Adjustment may direct the Building Inspector to issue the necessary permits.

      (2)   Whenever a nonconforming use has been changed to a conforming use, it shall not revert to a nonconforming use.

   (E)   Restoration of nonconforming buildings.

      (1)   Nonconforming buildings may be restored only if destruction caused by fire, explosion or act of God is 50% or less of its structural valuation prior to such destruction. The determination of such reduced structural valuation shall be made by an appraiser appointed by the city, but whose fee shall be paid by the property owner.

      (2)   Any building whose destruction exceeds 10% but less than 50% of its prior structural valuation, must apply for a building permit for reconstruction within six months and commence reconstruction within six months of the date of the described destruction.

      (3)   In lieu of such reconstruction, the nonconforming use shall be considered abandoned, and such building shall be permitted to be reconstructed as a permitted use only.

   (F)   Discontinuance or abandonment of nonconforming use. Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of 30 days shall thereafter conform to the provisions of this chapter unless otherwise disposed of by the Board of Adjustment.

(Ord. passed 4-4-2000)

   (A)   Rules for computing number of parking spaces. In computing the number of parking spaces required for each of the uses herein described, the following rules shall govern.

      (1)   FLOOR AREA shall mean the gross floor area of the specific use.

      (2)   Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

      (3)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

      (4)   Whenever a building or use constructed or established after the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of 50% or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

      (5)   In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

   (B)   Parking requirements based on use. In all districts, there shall be provided at the time any building or structure is erected or structurally altered

(except as provided in division (A) above) off-street parking spaces in accordance with the following requirements:

      (1)   Residential use requirements.

 

 

      (2)   Nonresidential use requirements.

 

   (C)   Location of parking spaces. All parking spaces required herein shall be located on the same lot with the building served, except as follows.

      (1)   Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to exceed 500 feet from any other nonresidential building served.

      (2)   Not more than 50% of the parking spaces required for: theaters, bowling alleys, dance halls, night clubs or cafés, and not more than 80% of the parking spaces required for a church or school auditorium may be provided and used by: banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in the former; provided, however, that written agreement thereto is properly executed and filed as specified below.

      (3)   In any case, where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit.

   (D)   Minimum dimension for off-street parking.

      (1)   Ninety-degree angle parking. Each parking space shall be not less than nine feet wide nor less than 19 feet in length. Maneuvering space shall be in addition to parking space and shall be not less than 24 feet perpendicular to the building or parking line.

      (2)   Sixty-degree angle parking. Each parking space shall be not less than ten feet wide perpendicular to the parking angle nor less than 19 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than 22 feet perpendicular to the building or parking line.

      (3)   Forty-five-degree angle parking. Each parking space shall be not less than 12 feet wide perpendicular to the parking angle, nor less than 19 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than 20 feet perpendicular to the building or parking line.

      (4)   Alley parking. When off-street parking facilities are located adjacent to a public alley, the width of said alley may be assumed to be a portion of the maneuvering space requirement.

      (5)   Additional parking space. Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required, they shall comply with the minimum requirements for parking and maneuvering space herein specified.

   (E)   Off-street loading space. Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements.

      (1)   In District B-2, one loading space for the first 5,000 to 15,000 square feet of floor area in the building and one additional loading space for each 15,000 square feet, or fraction thereof, of floor area in excess of 15,000 square feet.

      (2)   Each required loading space shall have a minimum area of at least 50 feet in depth, 12 feet in width and with an overhang clearance of not less than 14 feet, exclusive of access, platform or maneuvering area to be used exclusively for loading and unloading or merchandise.

(Ord. passed 4-4-2000)

   The principal structure on any lot or parcel of land shall be erected within the area bounded by the building lines established by setback or yard requirements. Accessory structures may be erected within any building line established for the principal structure and in required rear yards as may be otherwise provided in these regulations.

(Ord. passed 4-4-2000)

   All portable and prefabricated structures shall be prohibited in B-1 and B-2 Districts, except where incidental to construction of a principal structure. Within 30 days following completion of said principal structure, all portable and prefabricated structures shall be removed.

(Ord. passed 4-4-2000)

   Permits for either the construction of buildings or for the use of land or buildings which have been issued prior to the adoption of this chapter and which are in violation of this chapter shall be declared void unless evidence is shown to establish that substantial expenditures have been made either for the preparation of plans for construction or for preliminary planning. Investment in real property shall not be construed as an expenditure towards construction. Unless actual construction work, including grading and excavation, is underway within six months after the adoption of this chapter, such permit shall become void.

(Ord. passed 4-4-2000)

(Ord. 2022-06, passed 11-17-2022)