Waverly City Zoning Code

TITLE ONE

Zoning Administration

1105.01 TITLE.

Title One to Five of the Part Eleven - Planning and Zoning Code, including the Zoning District Map made a part hereof, shall be known and may be cited and referred to as the City Zoning Ordinance.

(Ord. 10-16-67. Passed 11-20-67; Ord. 3-19-73. Passed 3-19-73.)

1105.02 PURPOSE.

This Zoning Ordinance is adopted for the following purposes:

To promote the public health, safety, morals, comfort and general welfare;

To conserve the values of property throughout the City and to protect the character and stability of agricultural, residential, business and manufacturing areas, and to promote the orderly and beneficial development of such areas;

To provide adequate light, air, privacy and convenience of access to property;

To lessen or avoid congestion in the public streets and highways;

To regulate and restrict the location and use of buildings, structures and land for trade, industry, residence and other uses, and to regulate and restrict the intensity of such uses, and to establish building or setback lines within the corporate limits;

To divide the City into districts of such number, shape, area and of such different classes, according to the use of land and buildings, and the intensity of such use, as may be deemed best suited to carry out the purposes of this Zoning Ordinance;

To prohibit uses, buildings or structures incompatible with the character of such districts respectively;

To prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder;

To protect against fire, panic, explosion, noxious fumes, flooding along natural water courses and other hazards in the interest of public health, safety, comfort and general welfare;

To provide for the elimination of incompatible and nonconforming uses of land, buildings and structures which adversely affect the character and value of desirable development in each district; and

To define and limit the powers and duties of the administrative officers and bodies as provided herein.
(Ord. 10-16-67. Passed 11-20-67.)

1105.03 SCOPE.

(a) Changes in Structures or Use. Except as may otherwise be provided in Chapter 1153 , all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Zoning Ordinance which are applicable to the zoning districts in which such buildings, uses or land are located.

(b) Nonconforming Buildings, Structures and Uses. Any lawful building, structure or use existing at the time of the enactment of this section (Ordinance 10-16-67, passed November 20, 1967) may be continued, even though such building, structure or use does not conform to the provisions of this Zoning Ordinance for the district in which it is located, and whenever a district is changed hereafter, the then existing lawful use may be continued, subject to the provisions of Chapter 1153 .

(c) Building Permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this section (Ordinance 10-16-67, passed November 20, 1967), and provided that construction is begun within ninety days of such effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may, upon completion, be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 1153 .
(Ord. 10-16-67. Passed 11-20-67.)

1105.04 USE AND BULK REGULATIONS.

(a) Use. No use of a building, structure or land shall hereafter be established or enlarged, and no building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations specified in this Zoning Ordinance for the district in which it is located.

(b) Bulk. Every new building or structure shall conform to the bulk regulations established in this Zoning Ordinance for the district in which each such building or structure is located. (Ord. 10-16-67. Passed 11-20-67.)

1105.05 INTERPRETATION.

(a) Minimum Requirements. The provisions of this Zoning Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(b) Relationship with Other Laws. Where the conditions imposed by any provision of this Zoning Ordinance upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Zoning Ordinance or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(c) Effect on Existing Agreements. This Zoning Ordinance is not intended to abrogate any easement, covenant or any other private agreement provided that where the regulations of this Zoning Ordinance are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this Zoning Ordinance shall govern.

(d) Conflict. In interpreting and applying the provisions of this Zoning Ordinance, they shall be held to be the minimum requirements for the promotion of the safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this Zoning Ordinance to interfere with, abrogate, annul or repeal any ordinances, rules or regulations previously adopted and not in conflict with any of the provisions herein or which shall be adopted pursuant to the use of buildings or premises; nor is it intended to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except where this Zoning Ordinance imposes a greater restriction upon the use of land, buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other ordinances, easements, covenants or agreements, the provisions of this Zoning Code shall control.
(Ord. 10-16-67. Passed 10-20-67.)

1105.06 SEPARABILITY.

Should any clause, section or provision in this Zoning Ordinance be declared invalid by the courts, the same shall not affect the validity of this Zoning Ordinance as a whole or any part thereof, other than the part declared to be invalid.

(Ord. 10-16-67. Passed 11-20-67.)

1105.07 EFFECTIVE DATE.

This Zoning Ordinance is hereby declared to be urgent and necessary for the immediate preservation of the public peace, health, safety and general welfare and shall be in full force and effect after its due passage, approval, recording and publication as provided by law.

(Ord. 10-16-67. Passed 11-20-67.)

1107.01 RULES OF CONSTRUCTION.

(a) Words used in the present tense include the future, and words used in the singular number include the plural number, and the plural the singular.

(b) The word "shall" is mandatory and not discretionary.

(d) The word "lot" includes the words "plot", "piece" and "parcel"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," and "occupied for."

(Ord. 10-16-67. Passed 11-20-67.)

1107.02 ABANDONMENT.

"Abandonment" means an action to give up one's rights or interests in property.

(Ord. 10-16-67. Passed 11-20-67.)

1107.03 ACCESSORY BUILDING OR USE.

"Accessory building or use" means one which:

(a) Is subordinate to and serves a principal building or principal use;

(b) Is subordinate in area, extent or purpose to the principal building or principal use served;

(c) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

(d) Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to be located elsewhere than on the same zoning lot with the building or use served.

“Accessory use” includes, but is not limited to, the following:

(a) A children's playhouse, garden house and private greenhouse;

(b) A garage, shed or building for domestic storage;

(d) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;

(e) Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations;

(f) A nonpaying guest house or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of the occupant of the principal building and not for permanent occupancy by others as housekeeping units;

(g) Servants' quarters comprising part of an accessory garage and solely for occupancy by a servant or household employee, and his or her family, of the occupants of the principal dwelling;

(h) A private swimming pool for use by the occupant and his guests;

(i) Off-street motor vehicle parking areas, and loading and unloading facilities;

(j) Signs other than advertising signs as permitted and regulated in each district incorporated in this Zoning Ordinance;

(k) Carports;

(l) Public utilities facilities: telephone, electric, gas, water and sewer lines, their supports and incidental equipment.

(Ord. 10-16-67. Passed 11-20-67.)

1107.04 AUTOMOBILE SERVICE STATION.

"Automobile service station" means a place where gasoline, stored only in underground tanks, and kerosene, lubricating oil, grease and minor accessories for the operation of automobiles are offered for sale directly to the public on the premises, and where automobiles are serviced and washed but no chain conveyor, blower or steam cleaning device is employed. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Automobile service stations shall not include the sale or storage of new or used automobiles or trailers or major automotive repairs.

(Ord. 10-16-67. Passed 11-20-67.)

1107.05 BASEMENT.

"Basement" means a story partly or wholly underground. Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established, a basement shall be counted as a story for purposes of height measurement.

(Ord. 10-16-67. Passed 11-20-67.)

1107.06 BILLBOARD.

"Billboard" means any structure or portion thereof upon which signs or advertisements are used as an outdoor display. This definition does not include bulletin boards used to announce church services, or display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.

(Ord. 10-16-67. Passed 11-20-67.)

1107.07 BLOCK.

"Block" means a tract of land bounded by streets or, in lieu of streets, by public parks, cemeteries, railroad rights of way, bulkhead lines or shore lines of waterways or corporate boundary lines of municipalities.

(Ord. 10-16-67. Passed 11-20-67.)

1107.08 BUILDABLE AREA.

"Buildable area" means the space remaining on a zoning lot after the minimum open space requirements of this Zoning Ordinance have been complied with.

(Ord. 10-16-67. Passed 11-20-67.)

1107.09 BUILDING.

"Building" means any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels.

Any structures with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures are not considered as buildings.

(Ord. 10-16-67. Passed 11-20-67.)

1107.10 BUILDING, DETACHED.

"Detached building" means a building surrounded by open space on the same zoning lot. (Ord. 10-16-67. Passed 11-20-67.)

1107.11 BUILDING HEIGHT.

"Building height" means the vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

(Ord. 10-16-67. Passed 11-20-67.)

1107.12 BUILDING, PRINCIPAL.

"Principal building" means a building in which the principal use of the zoning lot on which the building is located is conducted.

(Ord. 10-16-67. Passed 11-20-67.)

1107.13 BUILDING SETBACK LINE.

"Building setback line" means a line parallel to the street line at a distance from it, regulated by the front yard requirements of this Zoning Ordinance.

(Ord. 10-16-67. Passed 11-20-67.)

1107.14 BULK.

"Bulk" is used to indicate the size and setbacks of buildings or structures and the location of the same with respect to one another and includes the following:

(a) Size and height of buildings;

(b) Location of exterior walls at all levels in relation to lot lines, streets or to other buildings;

(d) All open spaces allocated to the buildings;

(e) Amount of lot area per dwelling unit;

(f) Required parking areas. (Ord. 10-16-67. Passed 11-20-67.)

1107.15 CELLAR.

"Cellar" means a story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar shall not be counted as a story for the purposes of height measurement.
(Ord. 10-16-67. Passed 11-20-67.)

1107.16 CLINIC OR MEDICAL HEALTH CENTER.

"Clinic" or "Medical health center" means an establishment where patients are admitted for special study and treatment by two or more licensed physicians and their professional associates, practicing medicine together.
(Ord. 10-16-67. Passed 11-20-67.)

1107.17 CLUB OR LODGE, PRIVATE.

"Private club or lodge" means a nonprofit association of persons, who are bona-fide members paying annual dues, which owns, hires or leases a building or portion thereof, and the use of such premises is restricted to members and their guests.

It shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room, for the purpose of serving food and meals, though such beverages may be served in a separate room or rooms, and provided that such sale of alcoholic beverages is in compliance with applicable Federal, State, County and Municipal law.

(Ord. 10-16-67. Passed 11-20-67.)

1107.18 CURB LEVEL.

"Curb level" means the level of the established curb in front of a building measured at the center of the front. Where a building faces on more than one street, the curb level shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the curb level.

(Ord. 10-16-67. Passed 11-20-67.)

1107.19 DAY NURSERY.

"Day nursery" means a building or portion thereof used for the daytime care of preschool age children.

(Ord. 10-16-67. Passed 11-20-67.)

1107.20 DECIBEL.

"Decibel" means a unit of measurement of intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels.

(Ord. 10-16-67. Passed 11-20-67.)

1107.21 DWELLING.

"Dwelling" means a building or portion thereof not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family, two- family and multiple family dwelling units, but not including hotels, motels, boarding or lodging houses.
(Ord. 10-16-67. Passed 11-20-67.)

1107.22 DWELLING UNIT.

"Dwelling unit" means one or more rooms in a residential structure arranged, designed, used or intended to be used by one family, plus not more than four lodgers, for living or sleeping purposes, and which includes complete kitchen facilities permanently installed.

(Ord. 10-16-67. Passed 11-20-67.)

1107.23 DWELLING, ATTACHED.

"Attached dwelling" means a dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
(Ord. 10-16-67. Passed 11-20-67.)

1107.24 DWELLING, DETACHED.

"Detached dwelling" means a dwelling which is entirely surrounded by open space on the same lot.
(Ord. 10-16-67. Passed 11-20-67.)

1107.25 DWELLING, ONE-FAMILY.

"One-family dwelling" means a dwelling unit designed exclusively for use and occupancy by one family.
(Ord. 10-16-67. Passed 11-20-67.)

1107.26 DWELLING, TWO-FAMILY.

"Two-family dwelling" means a building designed or altered to provide dwelling units for occupancy by two families.
(Ord. 10-16-67. Passed 11-20-67.)

1107.27 DWELLING, MULTIPLE FAMILY.

"Multiple family dwelling" means a building or portion thereof, designed or altered for occupancy by three or more families living independently of each other.

(Ord. 10-16-67. Passed 11-20-67.)

1107.28 DWELLING, ROW.

"Row dwelling" (Party-Wall) means a row of two to eight attached one-family, party- wall dwellings, not more than two and one-half stories in height, nor more than two rooms in depth, measured from the building line.
(Ord. 10-16-67. Passed 11-20-67.)

1107.29 DWELLING GROUP.

"Dwelling group" means two or more one-family, two-family or multiple family dwellings, or boarding or lodging houses located on one zoning lot, but does not include tourist courts or motels.
(Ord. 10-16-67. Passed 11-20-67.)

1107.30 EDUCATIONAL INSTITUTION.

"Educational institution" means public, parochial, charitable or nonprofit junior college, college or university (other than a trade or business school) including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

(Ord. 10-16-67. Passed 11-20-67.)

1107.31 FAMILY.

"Family" means one or more persons related by blood, marriage or adoption, or a group of not more than five persons (excluding servants) who need not be related by blood, marriage or adoption, living together and maintaining a common household but it does not include a sorority, fraternity or other similar organization.

(Ord. 10-16-67. Passed 11-20-67.)

1107.32 FLOOR AREA, GROSS.

(a) Floor Area Ratio. For the purpose of determining floor area ratio "gross floor area" of a building means the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. In particular, "gross floor area" shall include:

(1) Basement space if at least one-half of the basement story height is above the established curb or ground level;

(2) Elevator shafts and stairwells at each floor;

(3) Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet, except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks and cooling towers;

(4) Attic floor space where the structural headroom exceeds seven and one- half feet;

(5) Interior balconies and mezzanines;

(6) Enclosed porches, but not terraces and breezeways;

(7) Accessory buildings.

(b) Off-Street Parking and Loading. For the purpose of determining requirements for off-street parking and off-street loading "gross floor area" means the sum of the gross horizontal areas of the several floors of the building or portion thereof, devoted to off-street parking and loading use, including accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area for purposes of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes, except as otherwise noted herein; floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

(Ord. 10-16-67. Passed 11-20-67.)

1107.33 FLOOR AREA RATIO.

“Floor area ratio” (F.A.R.) means the gross floor area of the building or buildings on the zoning lot divided by the area of such zoning lot, or in the case of a planned development, by the net site area. (Ord. 10-16-67. Passed 11-20-67.)

1107.34 FREQUENCY.

"Frequency" means the number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.

(Ord. 10-16-67. Passed 11-20-67.)

1107.35 GRADE, STREET.

“Street grade” means the elevation of the established street in front of a building measured at the center of the front. For the purpose of this section, where no street grade has been established, the City Engineer shall establish the street grade or its equivalent.

(Ord. 10-16-67. Passed 11-20-67.)

1107.36 HOME OCCUPATION.

"Home occupation" means any gainful occupation or profession engaged in by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes. The home occupation shall be carried on wholly within the principal building or within a building accessory thereto, and only by members of the family occupying the premises. No article shall be sold or offered for sale on the premises, except such as is produced by the occupation on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. There shall be no exterior display, no exterior sign except as allowed by the sign regulations for the district in which such home occupation is located; no exterior storage of materials; no other exterior indication of the home occupation or variation from the residential character of the principal building; and no offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced. Offices, clinics, doctors' offices, hospitals, barber shops, beauty parlors, dress shops, millinery shops, tearooms, restaurants, tourist homes, animal hospitals and kennels, among others, shall not be deemed to be home occupations.

(Ord. 10-16-67. Passed 11-20-67.)

1107.37 HOSPITAL OR SANITARIUM.

"Hospital" or "sanitarium" means an institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four hours in any week of three or more unrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions. As used herein, hospital does not apply to institutions operating solely for the treatment of insane persons, drug addicts, alcoholics or other types of cases necessitating restraint of patients, and hospital shall not be used for convalescent, nursing, shelter or boarding homes.

(Ord. 10-16-67. Passed 11-20-67.)

1107.38 HOTEL, MOTEL, INN OR AUTO COURT.

"Hotel", "motel", "inn" or "auto court" means an establishment containing lodging accommodations designed for use by transients or travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service.

(Ord. 10-16-67. Passed 11-20-67.)

1107.39 JUNK YARD.

"Junk yard" means any lot, building, structure, enclosure, premises or parts thereof used for the storage, keeping or abandonment of any worn-out, castoff, discarded or abandoned article, material, vehicle, automobile and machinery or parts thereof, which is ready for destruction or sale or has been collected or stored for salvage or conversion to some use, including scrap metal, paper, wood, cordage, or other waste or discarded materials, articles, vehicles, automobiles and machinery or parts thereof, or vehicles or automobiles that are inoperable or incapable of movement by their own locomotion or power, or vehicles or automobiles without a valid, current State registration and license plate issued to the vehicle or automobile and to the occupant, owner, purchaser, lessor, lessee or tenant of any lot, building or structure situated thereon.
(Ord. 10-16-67. Passed 11-20-67.)

1107.40 KENNEL.

"Kennel" means a lot, building, structure, enclosure or premises where dogs or cats are maintained, boarded, bred, kept or cared for in return for remuneration, or are kept for the purpose of sale, or are groomed, trained or handled for others.

(Ord. 10-16-67. Passed 11-20-67.)

1107.41 LODGING OR ROOMING HOUSE.

"Lodging or rooming house" means a building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight or per-meal basis to transient guests.
(Ord. 10-16-67. Passed 11-20-67.)

1107.42 LOT.

"Lot" means a parcel of land legally described as a distinct portion or piece of land of record.
(Ord. 10-16-67. Passed 11-20-67.)

1107.43 LOT OF RECORD.

"Lot of record" means an area of land designated as a lot on a subdivision plat recorded or registered pursuant to statute.
(Ord. 10-16-67. Passed 11-20-67.)

1107.44 LOT AREA.

"Lot area" means the area of a horizontal plane bounded by vertical planes containing the front, side and rear lot lines.
(Ord. 10-16-67. Passed 11-20-67.)

1107.45 LOT, CORNER.

"Corner lot" means a lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

(Ord. 10-16-67. Passed 11-20-67.)

1107.46 LOT COVERAGE.

"Lot coverage" means the area of a zoning lot occupied by the principal building or buildings and accessory buildings.
(Ord. 10-16-67. Passed 11-20-67.)

1107.47 LOT DEPTH.

"Lot depth" means the mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.
(Ord. 10-16-67. Passed 11-20-67.)

1107.48 LOT FRONTAGE.

"Lot frontage" means that boundary of a lot along a public street. For a corner lot the owner may elect either street as the front lot line.

(Ord. 10-16-67. Passed 11-20-67.)

1107.49 LOT LINE.

"Lot line" means a property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.
(Ord. 10-16-67. Passed 11-20-67.)

1107.50 LOT, INTERIOR.

"Interior lot" means a lot other than a corner or reversed corner lot.

(Ord. 10-16-67. Passed 11-20-67.)

1107.51 LOT LINE, FRONT.

"Front lot line" means the front property line of a zoning lot.

(Ord. 10-16-67. Passed 11-20-67.)

1107.52 LOT LINE, INTERIOR.

"Interior lot line" means a side lot line common with another lot.

(Ord. 10-16-67. Passed 11-20-67.)

1107.53 LOT LINE, REAR.

"Rear lot line" means the lot line or lines most nearly parallel to and most remote from the front lot line.
(Ord. 10-16-67. Passed 11-20-67.)

1107.54 LOT LINE, SIDE.

"Side lot line" means lot lines other than front or rear lot lines are side lot lines.

(Ord. 10-16-67. Passed 11-20-67.)

1107.55 LOT, REVERSED CORNER.

"Reversed corner lot" means a corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

(Ord. 10-16-67. Passed 11-20-67.)

1107.56 LOT, THROUGH.

"Through lot" means a lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines. (Ord. 10-16-67. Passed 11-20-67.)

1107.57 LOT WIDTH.

"Lot width" means the mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area.
(Ord. 10-16-67. Passed 11-20-67.)

1107.58 MARQUEE OR CANOPY.

"Marquee or canopy" means a roof-like structure of a permanent nature which projects

from the wall of a building and overhangs the public way, and is designed and intended to

protect pedestrians from adverse weather conditions.

(Ord. 10-16-67. Passed 11-20-67.)

1107.59 NAMEPLATE.

"Nameplate" means a sign indicating the name and address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.

(Ord. 10-16-67. Passed 11-20-67.)

1107.60 NONCONFORMING BUILDING.

"Nonconforming building" means a building or structure, or portion thereof, lawfully existing at the time of adoption of this section (Ordinance 10-16-67, passed November 20, 1967) which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

(Ord. 10-16-67. Passed 11-20-67.)

1107.61 NONCONFORMING USE.

"Nonconforming use" means any building, structure or land lawfully occupied by a use or lawfully established at the time of the adoption of Ordinance 10-16-67, passed November 20, 1967, or amendments thereto, which does not conform after the passage of Ordinance 10- 16-67, passed November 20, 1967, or amendments thereto, with the use regulations of this Zoning Ordinance. (Ord. 10-16-67. Passed 11-20-67.)

1107.62 NOXIOUS MATTER.

"Noxious matter" means material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social or economic well-being of humans.
(Ord. 10-16-67. Passed 11-20-67.)

1107.63 NURSING HOME OR REST HOME.

"Nursing home or rest home" means a private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries, or for surgical care.

(Ord. 10-16-67. Passed 11-20-67.)

1107.64 OCTAVE BAND.

"Octave band" means a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

(Ord. 10-16-67. Passed 11-20-67.)

1107.65 OCTAVE BAND FILTER.

"Octave band filter" means an electrical frequency analyzer, designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals (American Standard for Sound Level Meters, A.S.A. No. 224.3-1944).

(Ord. 10-16-67. Passed 11-20-67.)

1107.66 PARTICULATE MATTER.

"Particulate matter" means material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.
(Ord. 10-16-67. Passed 11-20-67.)

1107.67 PERFORMANCE STANDARD.

"Performance standard" means a criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings.

(Ord. 10-16-67. Passed 11-20-67.)

1107.68 PLANNED DEVELOPMENT.

"Planned development" means a tract of land which is planned as a whole for development under single ownership or control and which, by virtue of such unified planning and development, provides greater amenities, convenience or other benefits than would normally be had through the development of diverse smaller tracts under multiple ownership. In the case of a residential planned development, adequate provision shall be made for basic community facilities such as schools, parks, playgrounds and churches, among others.

The minimum area for a planned development shall be:

(a) For residential, forty acres;

(b) For business, five acres;

(d) For governmental, three acres.

(Ord. 10-16-67. Passed 11-20-67.)

1107.69 PRINCIPAL USE.

"Principal use" means the main use of land or buildings as distinguished from a subordinate or accessory use.
(Ord. 10-16-67. Passed 11-20-67.)

1107.70 PUBLIC OPEN SPACE.

"Public open space" means any publicly-owned open area, including but not limited to the following: parks, playgrounds, forest preserves, beaches, waterways, parkways and streets. (Ord. 10-16-67. Passed 11-20-67.)

1107.71 PUBLIC UTILITY.

"Public utility" means any person, firm, corporation or Municipal department duly authorized to furnish to the public, under public regulation, electricity, gas, steam, telephone, transportation or water.

(Ord. 10-16-67. Passed 11-20-67.)

1107.72 RAILROAD RIGHT OF WAY.

"Railroad right of way" means a strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc.

(Ord. 10-16-67. Passed 11-20-67.)

1107.73 RESTAURANT.

“Restaurant” means any land, building or part thereof, other than a boarding house, where meals are provided for compensation and including a café, cafeteria, coffee shop, lunchroom, drive-in stand, tearoom and dining room; and also including the serving of alcoholic beverages when served with and incidental to the serving of meals.

(Ord. 10-16-67. Passed 11-20-67.)

1107.74 RETIREMENT COMMUNITY DISTRICT.

"Retirement Community District" means a specifically defined area planned and used for the exclusive residency of elderly retired persons usually sixty-two years of age and over, except employees necessary for proper management and maintenance of such districts.

(Ord. 11-4-68. Passed 12-2-68.)

1107.75 RINGELMANN CHART.

"Ringelmann Chart" means a chart which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

(Ord. 10-16-67. Passed 11-20-67.)

1107.76 RINGELMANN NUMBER.

"Ringelmann number" means the number of the area on the Ringelmann Chart that coincides most nearly with the visual density of smoke emission.

(Ord. 10-16-67. Passed 11-20-67.)

1107.77 SIGN.

"Sign" means a name, identification, description, display or illustration which is affixed to or painted, or represented directly or indirectly upon a building, structure, tree, rock or other object, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business.

However, a sign shall not include any display of official court or public office notices, nor shall it include the flag, emblem, or insignia of a nation, school or religious group. A sign shall not include a sign located completely within an enclosed building unless the context is exposed to view from a street. Each display surface of a sign shall be considered to be a sign.
(Ord. 10-16-67. Passed 11-20-67; Adopting Ordinance.)

1107.78 SIGN, ADVERTISING.

"Advertising sign", (billboard) means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

(Ord. 10-16-67. Passed 11-20-67.)

1107.79 SIGN, BUSINESS.

"Business sign" means a sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

(Ord. 10-16-67. Passed 11-20-67.)

1107.80 SIGN, CHURCH BULLETIN BOARD.

"Church bulletin board sign" means a sign attached to the exterior of a church or located elsewhere on the church premises, used to indicate the services or activities of the church and including its name, if desired.

(Ord. 10-16-67. Passed 11-20-67.)

1107.81 SIGN, FLASHING.

"Flashing sign" means any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this section, any revolving, illuminated sign shall be considered a flashing sign.
(Ord. 10-16-67. Passed 11-20-67.)

1107.82 SIGN, GROSS SURFACE AREA.

"Gross surface area of a sign" means the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
(Ord. 10-16-67. Passed 11-20-67.)

1107.83 SIGN, IDENTIFICATION.

"Identification sign" means a structure, building wall or other outdoor surface used to display and identify the name of the individual, business, profession, organization or institution occupying the premises upon which it is located.
(Ord. 10-16-67. Passed 11-20-67.)

1107.84 SMOKE UNITS.

"Smoke units" means the number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes.

For the purpose of this section, Ringelmann density reading is made at least once every minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed; and the various products are added together to give the total number of smoke units observed during the total period under observation.

(Ord. 10-16-67. Passed 11-20-67.)

1107.85 SOUND LEVEL METER.

"Sound level meter" means an instrument standardized by the American National Standards Institute, Inc. for measurement of intensity of sound.

(Ord. 10-16-67. Passed 11-20-67.)

1107.86 STORY.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen feet in height shall be considered as an additional story for each fourteen feet or fraction thereof.

(Ord. 10-16-67. Passed 11-20-67.)

1107.87 STORY, HALF.

"Half story" means that portion of a building under a gable, hip or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than four and one-half feet above the finished floor of each story. In the case of one-family dwellings, two-family dwellings and multiple family dwellings less than three stories in height, a half-story in a sloping room shall not be counted as a story.

(Ord. 10-16-67. Passed 11-20-67.)

1107.88 STACKING REQUIREMENTS.

"Stacking requirements" means the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments. (Ord. 10-16-67. Passed 11-20-67.)

1107.89 STREET.

"Street" means a public way other than an alley, which affords a primary means of access to abutting property.

(Ord. 10-16-67. Passed 11-20-67.)

1107.90 STREET LINE.

"Street line" means a line separating a lot, piece or parcel from a street.

(Ord. 10-16-67. Passed 11-20-67.)

1107.91 STRUCTURE.

"Structure" means anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or free- standing wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.

(Ord. 10-16-67. Passed 11-20-67.)

1107.92 TOXIC MATERIALS.

"Toxic materials" means liquid, solid or gaseous substances which by reasons of an inherent deleterious property tend to destroy life or impair health.

(Ord. 10-16-67. Passed 11-20-67.)

1107.93 TRAILER.

"Trailer" means a vehicle or similar portable structure constructed with wheels, whether or not such wheels have been removed, and designed or constructed for living, sleeping, business or storage purposes.

(Ord. 10-16-67. Passed 11-20-67.)

1107.94 TRAILER OR MOBILE HOME CAMP OR PARK.

"Trailer or mobile home camp or park" means any premises occupied or designed to accommodate one or more families living in house trailers or mobile homes, or the parking of one or more trailers for business or storage purposes.

(Ord. 10-16-67. Passed 11-20-67.)

1107.95 TRAILER, HOUSE, OR MOBILE HOME.

"House trailer or mobile home" means any trailer as defined in Section 1107.93 used for residential purposes.
(Ord. 10-16-67. Passed 11-20-67.)

1107.96 USE.

"Use" means the purpose for which land or a building is designed, arranged or intended, or for which it is occupied, maintained, let or leased.

(Ord. 10-16-67. Passed 11-20-67.)

1107.97 YARD.

"Yard" means an open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this Zoning Ordinance, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

(Ord. 10-16-67. Passed 11-20-67.)

1107.98 YARD, FRONT.

"Front yard" means a yard extending along the full length of the front lot line between the side lot lines.
(Ord. 10-16-67. Passed 11-20-67.)

1107.99 YARD, REAR.

"Rear yard" means a yard extending along the full length of the rear lot line between the side lot lines.
(Ord. 10-16-67. Passed 11-20-67.)

1107.100 YARD, SIDE.

"Side yard" means a yard extending along a side lot line from the front yard to the rear yard.
(Ord. 10-16-67. Passed 11-20-67.)

1107.101 ZONING BOARD.

"Zoning Board" or "Board" means the Municipal Planning Commission.
(Ord. 10-16-67. Passed 11-20-67; Ord. 55-20. Passed 9-21-10.)

1107.102 ZONING LOT.

"Zoning lot" means a single tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

(Ord. 10-16-67. Passed 11-20-67.)

1107.103 ZONING MAP.

"Zoning Map" means the map or maps incorporated in this Zoning Ordinance as a part hereof, designating zoning districts.

(Ord. 10-16-67. Passed 11-20-67.)

1107.104 ZONING ORDINANCE.

"Zoning Ordinance" means Ordinance 10-16-67, passed November 20, 1967, as amended, which is codified as Titles One to Five of this Part Eleven - Planning and Zoning Code.
(Ord. 10-16-67. Passed 11-20-67.)

1109.01 ENFORCING OFFICER.

(a) The Mayor is hereby designated as the official responsible for the administration and enforcement of this Zoning Ordinance.

(b) With the approval of Council, the Mayor may appoint a Zoning Administrator to assist in the administration and enforcement of this Zoning Ordinance whose duties shall be to:

(1) Issue a Certificate of Zoning Compliance when these regulations have been complied with in all respects;

(2) Collect the designated fees as set forth in this Zoning Ordinance for Certificates of Zoning Compliance;

(3) Make and keep all records necessary and appropriate to the office, including record of the issuance or denial of all Certificates of Zoning Compliance and of receipts of complaints of violations of this Zoning Ordinance that have been committed or exist;

(4) Review any building or land to determine whether any violation of this Zoning Ordinance has been committed or exists;

(5) Enforce this Zoning Ordinance and take all necessary steps to remedy any condition found in violation by ordering in writing, the discontinuance of illegal uses or illegal work in progress, and request, if necessary the City Law Director (with the Mayor's consent) to commence appropriate action;

(6) Keep the Municipal Planning Commission advised of all matters pertaining to appeals or variances and transmit all applications and records pertaining thereto.
(Ord. 24-85. Passed 7-1-85.)

1109.99 PENALTY.

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this Zoning Ordinance shall be fined not more than fifty dollars ($50.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 10-16-67. Passed 11-20-67.)

1111.01 ZONING COMPLIANCE PERMITS.

(a) No building or structure shall hereafter be erected or structurally altered until a Zoning Compliance Permit is issued by the Zoning Administrator, stating that the building or structure and use of land comply with the regulations of this Zoning Ordinance and all buildings and health laws and ordinances of the City.

(b) All applications for a Zoning Compliance Permit shall be accompanied by a plot plan, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots, location of well, septic tank and seepage field, and such other information as may be necessary to provide for the enforcement of this Zoning Ordinance. A careful record of such applications and plot plans shall be kept in the office of the Administrator.

(Ord. 10-16-67. Passed 11-20-67; Ord. 25-85. Passed 7-1-85.)

(c) Whoever fails to comply with a valid zoning permit shall be guilty of a misdemeanor of the first degree. Each day a violation continues or occurs shall constitute a separate offense.

1111.02 CERTIFICATES FOR CONTINUED OCCUPANCY OF NONCONFORMING USES.

Certificates for the continued occupancy of nonconforming uses existing at the time of passage of this section (November 20, 1967), or made nonconforming by this Zoning Ordinance, shall state that the use is a nonconforming one and does not conform with the provisions of this Zoning Ordinance. The Zoning Administrator shall notify each owner of property being used by a nonconforming use and shall furnish each owner with a certificate of occupancy for such nonconforming use.

(Ord. 10-16-67. Passed 11-20-67.)

1111.03 USE PERMIT.

No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the Zoning Administrator. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this Zoning Ordinance.
(Ord. 10-16-67. Passed 11-20-67.)

1111.04 CONTINUANCE OF EXISTING USES.

Nothing in this Zoning Ordinance shall prevent the continuance of the present lawful occupancy or lawful use of any existing building or zoning lot, except as may be necessary for the safety of life and property and except as provided in this Zoning Ordinance.

(Ord. 10-16-67. Passed 11-20-67.)

1111.05 FEES.

The purpose of this section is to establish planning and zoning fees as follows:

City Permit or Service Provided	Fee Amt.
Commercial or Industrial Subdivision, Preliminary or Final Plat Approval involving the opening or extension of any Village Street or involving the subdivision of 6 lots of record or more	Improvements of sixty thousand dollars ($60,000.00) or less - six hundred dollars ($600.00) Improvements of over sixty thousand dollars ($60,000.00) - five dollars ($5.00) for every one thousand dollars ($1,000.00) of improvement, not to exceed twelve thousand dollars ($12,000.00). Costs of improvements will be based on an Engineer’s or Architect’s Certified Cost Estimate.
Zoning Permit for Commercial or Industrial Building. New construction and/or Expansion, 5 lots of record or less than involving the opening or extension of any Village streets.	Same as above
Annexation Petition by Property Owners	Twenty-five hundred dollars ($2,500.00)
Right of Way Dedication Petition by Property Owners	Fifteen hundred dollars ($1,500.00)
Right of Way Abandonment Petition by Property Owners	Fifteen hundred dollars ($1,500.00)
Residential Subdivision Preliminary or Final Plat Approval involving the opening or extension of any Village street or involving the subdivision of 6 lots of record or more	Four hundred dollars ($400.00)
Zoning Amendment Petition by Property Owners	Four hundred dollars ($400.00)
Residential Subdivision Preliminary or Final Plat Approval, 5 lots of record or less not involving the opening or extension of any Village streets	Four hundred dollars ($400.00)
Appeal to Municipal Planning Commission	Two hundred dollars ($200.00)
Review by Law Director or Engineer	Two hundred fifty dollars ($250.00)
Zoning Permit for Residential New Construction, 1 dwelling	Three hundred dollars ($300.00)
Zoning Permit for Residential Expansion, 1 dwelling	Two hundred dollars ($200.00)
Change of Use Permit	Fifty dollars ($50.00)
Permanent Sign Permit	Fifty dollars ($50.00)
Temporary Sign Permit	Twenty-five dollars ($25.00)
Prohibited signs: (1) The permitting of any signage for any business signs, marketing signs, “for sale” signs, yard sale signs, employment signs, and advertisement benches located on real property or easements owned by the Village of Waverly is hereby prohibited. (2) The use and display of any business signs, marketing signs, “for sale” signs, yard sale signs, employment signs, and advertisement benches on real property or easements owned by the Village of Waverly is hereby prohibited.
Accessory Building/Garage/Shed Permit	One hundred dollars ($100.00)
Carport/Open Shed Permit, 200 square feet or less.	Fifty dollars ($50.00)
Fence Permit	Thirty-five dollars ($35.00)
Swimming Pool Permit	Thirty-five dollars ($35.00)

(Ord. 52-2014. Passed 9-16-14; Ord. 60-2021. Passed 12-21-21.)

1113.01 ESTABLISHMENT; MEMBERSHIP.

There is hereby established a Municipal Planning Commission. The Commission shall consist of five members appointed by Council. The first members of the Commission shall serve respectively for the following terms: one for one year; one for two years; one for three years; one for four years; one for five years.

The successor of each member so appointed shall serve for a period of five years.

Vacancies shall be filled by the Mayor, subject to confirmation by Council for the unexpired

term. Members may be removed by Council for cause after written charges have been

filed, and after a public hearing has been held if demanded by the member so charged.

The Commission shall annually elect a chairman from its membership. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of

witnesses.

The Clerk of Council shall act as clerk for the Commission and shall make and keep a record of all its meetings and official acts. The Municipal Planning Commission may solicit input from all City departments regarding the effect of any appeal or proposed variation.

(Ord. 10-16-67. Passed 11-20-67; Adopting Ordinance; Ord. 55-2010. Passed 9-21-10.)

1113.02 MEETINGS; MINUTES; APPEALS AND VARIATION CRITERIA.

All meetings of the Municipal Planning Commission shall be held at the call of the chairman and at such other times as the Commission may determine. There shall be at least fifteen days but not more than thirty-days notice of the time and place of such meeting published in a newspaper of general circulation in the City; the notice shall contain a statement of the particular purposes of the meeting and a brief description of the location of the property or properties under consideration at the meeting.

All meetings of the Commission shall be open to the public.

The Commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact; and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes on each case and the reasons for granting or denying each application shall be specified. Every rule or regulation, and every order, requirement, decision or determination of the Municipal Planning Commission shall immediately be filed in the office of the Clerk of Council and shall be a public record.

The minutes of the Commission shall be open to public examination at reasonable hours.

The Commission shall adopt its own rules of procedure; a copy of which and all recommendations thereto shall be filed in the office of the Clerk of Council.

Expenses incurred by the Commission are to be itemized and shall be borne by the City.

In considering all appeals and all proposed variations to this Zoning Ordinance, the Commission shall, before granting any variation from the Zoning Ordinance in a specific case, first determine and make a finding of fact that the proposed variation will not: (a) impair an adequate supply of light and air to adjacent property; (b) unreasonably increase the congestion in public streets; (c) increase the danger of fire or endanger the public safety; (d) unreasonably diminish or impair established property values within the surrounding area; (e) merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty; or in any other respect impair the public health, safety, comfort, morals and welfare of the inhabitants of the City. (Ord. 10-16-67. Passed 11-20-67; Ord. 55-2010. Passed 9-21-10.)

1113.03 APPEAL PROCEDURE; HEARINGS.

Any person aggrieved by a ruling of the Zoning Administrator or by any officer, department, board or bureau of the City concerning the interpretation of this Zoning Ordinance, may appeal to the Municipal Planning Commission.

The Commission shall fix a reasonable time and place for the hearing of appeals and shall give notice of the hearing to the persons appealing and to the officer from whom the appeal is taken. It shall hear the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney.

The appeal shall be taken within thirty days by the Commission and shall be taken by filing with the Clerk of Council and with the Commission a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. The appeal shall be taken upon forms provided by the Commission. The Clerk of Council shall forthwith transmit to the Commission all of the papers constituting the record upon which the action appealed was taken.

The Commission shall hear appeals from and review any order, requirement, decision or determination made by the Zoning Administrator.

The Commission may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Commission may decide is fitting and proper in the premises, and to that end the Commission shall also have all the powers of the officer from whom the appeal is taken.

A majority vote of the members of the Commission shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant any matter upon which it is authorized by this Zoning Ordinance to render decisions.

(Ord. 10-16-67. Passed 11-20-67; Ord. 55-2010. Passed 9-21-10.)

1113.04 VARIATIONS.

(a) Purpose. A variation is that power to permit municipalities to vary the requirements of a Zoning Ordinance. Variations should be granted solely to provide relief under unusual conditions and only when in harmony with the general intent and purpose of this Zoning Ordinance.

(b) Conditions. In making its determination as to whether there is unnecessary hardship, the Municipal Planning Commission shall take into consideration the extent to which the following conditions, favorable to the applicant or appellant, have been established by evidence:

(1) The particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience or loss or revenue if the strict letter of the regulations were carried out;

(2) The conditions upon which the requested variation is based would not be applicable generally to other properties within the same zoning classification;

(3) The alleged difficulty or hardship has not been created by any person presently having an interest in the property;

(4) The granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which- the property is located;

(5) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets, or increase the danger of fire or endanger the public safety, or substantially diminish or impair property values within the neighborhood; and

(6) The proposed variation complies with the spirit and intent of the restrictions imposed by this Zoning Ordinance.

(7) The proposed variation will benefit the community.

(c) Application. An application for a variation of the regulations of this Zoning Ordinance may be made by a property owner or his agent to the Commission. Such applications shall be made in writing, stating the variation requested, the location of the property for which the variation is requested, the name and address of the property owner and the cause for the requested variation, the name and last known address of the proximate property owners who would be affected by the proposed variation, a statement as to how the proposed variation will meet the criteria and conditions set out in Sections 1113.02 and 1113.04(b).

(d) Public Hearing. The Commission shall fix a reasonable time and place for the public hearing and shall give notice of the time and place of the public hearing to proximate property owners by regular first class mail, not less than seven days prior to the hearing, and published at least once, not more than thirty days and not less than fifteen days before the hearing, in a newspaper with a general circulation within the City.

(e) Decision Within Thirty Days. The Commission shall either grant or deny the requested variation within thirty days after the public hearing.

(Ord. 10-16-67. Passed 11-20-67; Adopting Ordinance; Ord. 55-2010. Passed 9-21-10.)

1113.05 SPECIAL EXCEPTION VARIATIONS.

(a) Purpose. The development and execution of this Zoning Ordinance is based upon the division of the City into districts within which the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses fall into two categories:

(1) Uses publicly operated or traditionally affected with a public interest;

(2) Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(b) Initiation of Special Exception Variations. Any person owning or having an interest in the subject property may file an application to use such land for one or more of the uses provided for in this Zoning Ordinance in the zoning district in which the land is situated.

(c) Application for Special Exception Variation. An application for a use variation shall be filed with the Zoning Administrator upon a form prescribed by him. The application shall be accompanied by such plans and/or data prescribed by the Administrator and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use variation will conform to the standards set forth herein.

(d) Application Hearing. Upon receipt, in proper form, of the application and statement referred to in subsection (c) hereof, the Municipal Planning Commission shall fix a reasonable time and place for a public hearing and shall give notice of the time and place of the hearing, published at least once, not more than thirty days and not less than fifteen days before the hearing, in one or more newspapers published in the City, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the City.

(e) Authorization. In considering each application for a special use variation, the Commission shall include such stipulations or additional conditions and the means by which such conditions will be complied with when they are deemed necessary for the protection of the public interest. The Commission may grant or deny any application for a use variation provided, however, that in the event of written protest against any proposed special exception variation, signed and acknowledged by the owners of twenty percent of the frontage immediately adjoining the property proposed for a special use variation, or by the owners of twenty percent of the frontage across an alley or directly opposite therefrom, such use variation shall not be granted except by the favorable vote of two-thirds of all the members of the Commission.

(f) Standards. No special use variation shall be recommended by the Commission unless the Commission finds that:

(1) The establishment, maintenance or operation of the use will not be detrimental to or endanger the public safety, health, morals, comfort or general welfare;

(2) The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(3) The establishment of the use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

(4) Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;

(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

(6) The use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by Council pursuant to the recommendations of the Commission.

(Ord. 10-16-67. Passed 11-20-67; Ord. 55-2010. Passed 9-21-10.)

1113.06 PLANNED DEVELOPMENTS.

Planned developments are of such substantially different character from other special use variations that specific and additional standards and exceptions are hereby established to govern the recommendations of the Municipal Planning Commission and the action of Council.

(a) Special Conditions. In the case of residential, business or manufacturing planned developments, the Commission may recommend, and Council may authorize, that there is in part of the area of such development and for the duration of such development, specified uses not permitted by the use regulations for the district in which such development is located, provided the Commission finds that:

(1) The uses permitted by the variation are necessary or desirable and are appropriate with respect to the primary purpose of the development;

(2) The uses permitted by the special exception variation are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;

(3) Not more than twenty percent of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by the special exception variation;

(4) In a manufacturing planned development such additional uses allowed by special exception variation shall conform with the performance standards of the district in which the development is located as set forth herein;

(5) The special exception variation so allowed is reflected by the appropriate zoning district symbols and so recorded on the Zoning District Map.

(b) Bulk Regulations. In the case of any planned development, the Commission may recommend and Council may authorize variations to the applicable bulk regulations of this Zoning Ordinance within the boundaries of such development, provided the Commission finds that:

(1) Such variation shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of the development, as well as of neighboring properties, than would be obtained under the bulk regulations of this Zoning Ordinance for buildings developed on separate zoning lots;

(2) The overall minimum lot area or maximum lot coverage of a residential planned development would not exceed by more than fifteen percent the requirements for individual uses in the district in which such planned development is located;

(3) The minimum lot area per dwelling unit requirements herein shall not be decreased by more than fifteen percent in any such development containing residential uses, and that there shall be available to each residential building and immediately adjacent thereto, including the land area upon which it is erected, the minimum amount of land area required for such building under the lot area per dwelling unit provisions of this Zoning Ordinance.

(4) Spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this Ordinance on separate zoning lots, due consideration being given to the openness normally afforded by intervening streets and alleys; and

(5) Along the periphery of such planned developments, yards shall be provided as required by the regulations of the district in which the development is located.

(Ord. 10-16-67. Passed 11-20-67; Ord. 55-2010. Passed 9-21-10.)

1113.07 CONDITIONS AND GUARANTEES FOR SPECIAL EXCEPTION VARIATION.

Prior to the granting of any special use variation, the Municipal Planning Commission shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special exception variation as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein. In all cases in which special exception variations are granted, the Municipal Planning Commission shall require such evidence and guarantees as it deems necessary as proof that the conditions stipulated in connection therewith are being and will be, complied with. (Ord. 10-16-67. Passed 11-20-67; Ord. 55-2010. Passed 9-21-10.)

1113.08 EFFECT OF DENIAL OF SPECIAL EXCEPTION VARIATION.

No application for a special exception variation which has been denied wholly or in part by Council shall be resubmitted for a period of one year from the date of the denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Municipal Planning Commission.

(Ord. 10-16-67. Passed 11-20-67; Ord. 55-2010. Passed 9-21-10.)

1113.09 REVOCATION OF SPECIAL EXCEPTION VARIATION.

In any case where a special exception variation has not been established within one year after the date of granting thereof, then without further action by the Municipal Planning Commission, the special exception variation authorization shall be void.

(Ord. 10-16-67. Passed 11-20-67; Ord. 55-2010. Passed 9-21-10.)

1113.10 CHANGE OF ZONING ORDINANCE PROHIBITED.

Nothing contained in this chapter shall be construed to give or grant to the Municipal Planning Commission the power or authority to alter or change the Zoning Ordinance or any use district made a part of the Zoning Map; such power and authority is reserved to Council. The Commission shall not have any power or authority with respect to any alterations or change of the Zoning Ordinance except to make recommendations in such specific cases as may properly

come before the Commission. (Ord. 10-16-67. Passed 11-20-67; Ord. 55-2010. Passed 9-21-10.)

1113.11 TIME LIMIT FOR INITIATION OF USE VARIATION.

No order for a use variation permitting the erection or alteration of a building shall be valid for a period longer than one year unless such use is established within such period; however, where such permitted use is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a permit for the erection or alteration is obtained within such period and the erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

(Ord. 10-16-67. Passed 11-20-67. )

1113.12 STAY OF PROCEEDINGS.

The appeal shall stay all proceedings and furtherance of the action appealed from unless the Zoning Administrator certifies to the Municipal Planning Commission after notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property; in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Commission or by a court of record on application, with notice to the officer from whom the appeal is taken, and all due causes shown.

(Ord. 10-16-67. Passed 11-20-67; Ord. 55-2010. Passed 9-21-10.)

1113.13 ZONING VARIATION PROCEDURE.

(a) When circumstances arise which create a condition requiring the submission of a request for a variation to the Municipal Planning Commission it is important to enable the Commission to intelligently review the situation, that the facts and circumstance under which the request is submitted be fully presented to the Commission in the application.

(b) To assist an applicant in the preparation of a request for a variation there are sections which relate to requesting an ordinary variation; and to requesting a special exception variation.

(c) Persons desiring to submit a request for a zoning variation should be given an application form to complete along with a copy of the appropriate section to assist them in its preparation.

(d) In the case where a planned development application is to be submitted the Commission should be requested to specify the type of application that should be submitted.

(e) In any instance the Commission may require the submission of such additional facts, details and information as it considers necessary to assist the Commission in reaching an appropriate decision.

(Adopting Ordinance; Ord. 55-2010. Passed 9-21-10.)

1115.01 PETITION FOR AMENDMENT; FEE.

Council, the Planning Commission and other governmental bodies and any private petitioner may apply for an amendment to the text of this Zoning Ordinance, and in the accompanying Zoning Map made a part hereof. Any petition for an amendment by a private party shall be accompanied by a filing fee as established by Council, which fee shall be deposited with the City and no part shall be returnable to the petitioner.

The petition for amendment shall state the property location for which the amendment is requested, the name of the property owner, and a statement describing the amendment requested. (Ord. 10-16-67. Passed 11-20-67.)

1115.02 NOTICE AND HEARING.

Before any amendments to this Zoning Ordinance may be passed, Council shall hold a public hearing and shall give at least thirty-days notice of the time and place thereof in a newspaper of general circulation in the City. If the amendment intends to rezone or redistrict ten or less parcels or land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk of Council, by first class mail at least twenty days before the date of the public hearing to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists as may be specified by Council. During such thirty days the text or a copy of the text of the amendment, together with the maps or plans or copies thereof forming part of or referred to in such proposed amendment, and the maps, plans and reports submitted by the Planning Commission or officer shall be on file, for public examination, in the office of the Clerk of Council. No such ordinance, measure or regulation which violates, differs from or departs from the plan or report submitted by the Planning Commission or officer shall take effect unless passed or approved by not less than a majority of the membership of Council except as otherwise provided by Article IX, Section 3.00 (C)(4) of the Charter.
(Ord. 10-16-67. Passed 11-20-67; Ord. 77-2. Passed 3-21-77; Ord. 55-20. Passed 9-21-10.)