The extent of such change, alternations, or expansion shall be prescribed by the Planning Commission in connection with its findings. The procedure to be followed and the fees to be charged on an application for permission to change, extend, or alter a non-conforming use shall be the same as in the case of a conditional use.

      (1)   That said structure is suitable for change, alteration, extension, or expansion, and the result is not more incompatible or detrimental to surrounding properties than the previous one; and

      (2)   That a change in the non-conforming use would not operate to lessen the value of property in the same zone and reasonably adjacent to the property concerned.

   (B)   Reconstruction and relocation. A building having a non-conforming use at the time of the passage of this chapter may not be reconstructed or structurally altered to an extent exceeding 80% of the then current assessed value of the building unless a variance is granted, except as set forth herein. When a building having a non-conforming use is damaged by fire or other causes so that the total deterioration exceeds 80% of the cost of replacing the building using new materials, then such building shall not be rebuilt unless such building in its construction and uses conforms fully to the requirements of this chapter and other ordinances of the city as applied to new buildings and uses in the district in which it is to be located, except that pre-existing residential structures within the C-1 and C-2 Zones may be rebuilt when destruction exceeds 80% of its value to the size, scale, scope, and design of the previous structure. When damage is 80% or less, rebuilding for non-conforming use must be kept within the old foundation. When a building having a non-conforming use is damaged by fire or other cause to an extent which will permit rebuilding, such construction as defined by the State Uniform Building Code must commence within one year of date of damage and be completed within two years of such date, if use is to continue as a non-conforming use, unless a variance is granted. No building or structure shall be moved from one lot or premises to another unless such building or structure shall thereupon be made to conform to all the provisions of this chapter relative to buildings or structures hereafter erected upon the lot or premises to which such building or structure shall have been moved.

(Ord. 337, passed 6-11-1979; Ord. 512, passed 2-11-2008)

   A clear vision area shall be a triangular area on a lot at the intersection of two streets, two sides of which are lot lines measured a distance of 30 feet from the corner intersection of the lot lines. The third side of the triangle is a line across the corner of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to the point of intersection. The clear vision area shall contain no sight-obscuring plantings, walls, structures, fences, or other temporary or permanent obstructions exceeding three feet in height as measured from the grade of the street centerline.

(Ord. 337, passed 6-11-1979)

   Where the owner of a lot at the time of the adoption of this chapter does not own sufficient area in said lot or contiguous lots to enable him to conform to the yard and other requirements of this chapter, the city may, upon variance approval, grant a building permit conditioned upon compliance with this chapter to the extent reasonably possible under the circumstances.

(Ord. 337, passed 6-11-1979)

   Architectural features such as eaves, chimneys, cornices, canopies, and sunshades which project from a structure, but are not used for storage or habitation, may project up to five feet into required setback areas.

(Ord. 337, passed 6-11-1979)

   The front yard requirements of this chapter shall not apply where the average depth of the existing front yard on developed lots, located within the same block and zoning area and fronting on the same street as such lot, differs. The minimum specified front yard on such lot shall not be less than the average existing front yard depth on said developed lots.

(Ord. 337, passed 6-11-1979)

   Off-street parking spaces shall be located in the required yard areas of any building or structure.

      (1)   One space per single-family and mobile home residence.

      (2)   One and one-half spaces each for three or more dwelling units.

      (3)   Off-street parking spaces for dwellings shall be located on the same lot with the dwelling.

      (4)   Duplexes shall have one space per family unit.

      (1)   Assembly type use: one space per 100 square feet of assembly area.

      (2)   Motel and resorts: one space per unit.

      (3)   Office and retail: one space per 800 square feet of seating area.

      (4)   Restaurant and taverns: one space per 200 square feet of seating area.

      (5)   Warehouse: one space per 2,000 square feet of warehouse area.

(Ord. 337, passed 6-11-1979)

   Buildings to be built or substantially altered which receive and distribute materials and merchandise by trucks shall provide and maintain off-street loading spaces in sufficient number and size to adequately handle the needs of the particular use from detailed plans presented and approved by the Planning Commission and City Council.

(Ord. 337, passed 6-11-1979)

   An accessory use shall comply with all requirements for a principal use, except as this chapter specifically allows to the contrary, and shall comply with the following limitations.

   (A)   An accessory structure or use shall only be approved provided the principal use has been established.

   (B)   In the Residential Zone (R), one-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses are allowed under the following conditions.

      (1)   These accessory structures shall not be used for human habitation.

      (2)   The maximum square footage for these accessory structures shall be 120 square feet.

      (3)   The maximum height for these accessory structures shall be 12 feet.

      (4)   These accessory structures, including all projections, shall not be closer than ten feet from any other building.

      (5)   An accessory structure not used for human habitation and separated from the main building may be located in the required rear and side yard but not in the required street side yard of a corner lot.

      (6)   These accessory structures shall meet all setback and lot coverage requirements.

   (C)   All other accessory structures, including attached or detached garages and guest houses without kitchen facilities, shall comply with the standards of the zone in which they are located and with the Uniform Building Code.

   (D)   In commercial zones, accessory structures shall not be used for human habitation.

(Ord. 337, passed 6-11-1979; Ord. 496, passed 6-12-2006)

   The Planning Commission may authorize variances from the requirements of this chapter where it can be shown that owing to special and unusual circumstances related to a particular piece of property, the literal interpretation of this chapter would cause undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance, the Planning Commission may attach conditions which it finds necessary to protect the best interest of the surrounding property and to otherwise achieve the purposes of this chapter.

(Ord. 337, passed 6-11-1979)

   No variance shall be granted by the Planning Commission unless it can be shown that all of the following conditions exist:

   (A)   Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same zone or vicinity, which conditions are a result of lot size or shape, topography, or other circumstances over which the applicant has no control;

   (B)   The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other properties in the same zone or vicinity;

   (C)   The authorization of the variance shall not be materially detrimental to the purposes of this chapter, be injurious to the property in the zone or vicinity in which the property is located, or be otherwise detrimental to the objectives of any municipal development plan or policy; and

   (D)   The variance request is the minimum variance from the provisions and standards of this chapter which will alleviate the hardship.

(Ord. 337, passed 6-11-1979)

   The procedure to be followed in applying for and acting on a variance request shall be the same as those provided in §§ 155.085 through 155.094.

(Ord. 337, passed 6-11-1979; Ord. 491, passed 6-13-2005)

   Authorization of a variance shall be void after one year unless substantial construction pursuant thereto has taken place. However, the City Council may extend authorization without a hearing for an additional period not to exceed one year, upon request.

(Ord. 337, passed 6-11-1979)