(a)

It is the intent of this section is to control the nonconforming uses, buildings, and structures as to avoid any unreasonable invasion of established private property rights.

(b)

Therefore, the lawful use of any building, structures, or land existing at the time of the enactment of this section may be continued even though such use does not conform to the provisions of this section. However, use of nonconforming structures shall not be:

(1)

Changed to another nonconforming use;

(2)

Reestablished after discontinuance for one year;

(3)

Extended except in conformity with this division;

(4)

Continued after transfer of property title, except after transfer of title in the same immediate family.

(Ord. of 5-2016(2), § 6.1)

Any change in a nonconforming building use, building site or yard area is subject to the following:

(1)

No nonconforming building can be structurally altered, except repairs on or installation of plumbing fixtures required by law, the changing of interior partitions, and interior remodeling, unless, such building is structurally altered so as to conform with the provisions of this division.

(2)

No nonconforming building or lands, except those residential dwellings needing repairs on or installation of plumbing fixture as required by law, can be substantially added to, moved, or extended in any manner unless such building or land is changed so as to conform to the provisions of this division.

(3)

Whenever an existing residential dwelling must make repairs on or installation of plumbing fixtures which will force the location of the future addition of this dwelling nearer the lot line than the requirements set forth in this division, the addition to the dwelling shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of the dwelling.

(4)

Should a nonconforming building be moved, all nonconforming yard areas shall be eliminated.

(Ord. of 5-2016(2), § 6.2)

A nonconforming use of land shall be restricted to the lot occupied by such use as of this division. A nonconforming use of a building or buildings shall not be extended to include either additional buildings or land after the effective date of the ordinance from which this division is derived.

(Ord. of 5-2016(2), § 6.3)

(a)

Discontinuance generally. A nonconforming use which became such after the adoption of the ordinance from which this division is derived and which has been discontinued for a continuous period of one year shall not be reestablished and any future use shall be in conformity with the provisions of this division.

(b)

Discontinuance of open air uses. All nonconforming uses not carried on within a building except those which are incidental and necessary to activities within a building shall be discontinued within three years from date of adoption of the ordinance from which this division is derived, or amendment thereto. Uses to be discontinued include, but are not limited to, outdoor sales area, automobile parking lots, trailer courts (mobile home parks), junkyards, and similar uses, including small buildings incidental to such uses.

(c)

Unsafe structures. Any structure or portion thereof declared unsafe by an authority (i.e., the building inspector or city attorney) may be restored to a safe condition, provided the requirements in this section are met.

(d)

Nonconforming building rebuilt. If a nonconforming use structure is destroyed less than 50 percent it may be rebuilt as originally existed however must meet all building codes.

(Ord. of 5-2016(2), § 6.4)

Within the city, off-street automobile storage or parking space shall be provided on every lot on which any permitted or conditional use is established in accordance with this division. No structure hereinafter shall be erected nor shall any of the following uses be established unless the minimum number of parking spaces as specified below are provided:

(1)

General requirements. For the purpose of this division, the following general requirements are specified:

a.

The term "off-street parking space" means a space at least nine feet wide and 20 feet in length with a minimum net area of 180 square feet, excluding area for egress and ingress and maneuverability of vehicles. Each parking area shall have access for vehicles to a public street. Parking lots for more than five vehicles shall provide sufficient turning space to prevent cars from backing into the street.

b.

If an off-street parking space cannot be reasonably provided on the same lot on which the principle use is conducted, the building inspector may permit such space to be provided on other off-street property, provided such space lies within 400 feet of the property line of such principal use. Such vehicle parking space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

c.

The required number of parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that portion of the parking space required for an existing church whose peak attendance will be at night or on Sunday, may be assigned to a use which will be closed at nights or on Sundays.

d.

Area reserved for off-street parking in accordance with the requirements of this division shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking area is provided to the satisfaction of the code enforcement officer.

e.

Off-street parking existing at the effective date of the ordinance from which this division is derived in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

f.

Required parking space may extend up to 100 feet into a residential district, provided that the parking area adjoins a commercial district and has its only access on the same street as the property on which it serves and is separated from abutting residences by a planted buffer strip at least ten feet wide.

(2)

Parking area requirements for all districts. Off-street automobile storage or parking area shall be provided with vehicular access to a street or alley, and shall be equal in or to at least the minimum requirements for the specific use set forth.

(3)

Site requirements. All off-street parking shall be laid out, constructed and maintained in accordance with the following requirements (except in residential areas):

a.

All such parking areas shall be hard surfaces with concrete or plant mix bituminous material and shall be maintained in a dustproof condition and that a good stand of grass be maintained on the remainder of the lot.

b.

Lighting facilities shall be so arranged that light is reflected away from adjacent properties.

c.

The parking lot shall be adequately drained in accordance with city, county, state, and federal regulations.

d.

All signs of any type must comply with the city sign ordinance.

(Ord. of 5-2016(2), § 6.5; Ord. of 11-10-2020, § 6.5.2)

On every lot on which a business, trade, or industry is hereafter established, off-street loading and unloading spaces shall be provided as hereinafter required by this division for the loading and unloading of vehicles off the public street or alley.

(1)

Size of off-street loading spaces. Each off-street loading space shall have minimum dimensions of 14 feet in height, 12 feet in width, and 55 feet in length. However, upon sufficient demonstration that particular loading space will be used exclusively by shorter trucks, the code enforcement officer may reduce the minimum length accordingly to as little as 35 feet.

(2)

Connection to street or alley. Each required off-street loading space shall have direct access to a street or alley or have a driveway which offers satisfactory ingress and egress for trucks.

(3)

Floor area over 10,000 square feet. There shall be provided for each hospital, institution, hotel, commercial, or industrial building or similar use requiring the receipt or distribution of materials or merchandise, and having a floor area of more than 10,000 square feet, at least one off-street loading space for each 10,000 square feet of floor space or fraction thereof. Such space shall be so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(4)

Bus and trucking terminals. There shall be provided sufficient space to accommodate the maximum number of busses or trucks to be stored or to be loaded at the terminal at any one time.

(5)

Retail business of less than 10,000 square feet floor area. Ten percent of the floor area for loading and off-loading.

(6)

Wholesale and industrial less than 10,000 square feet floor area. Five percent of the floor area for loading and unloading.

(7)

Location of off-street loading spaces. All required off-street loading spaces shall be located on the same lot as the business which they are intended to serve, or on an adjacent lot when shared with the use occupying said adjacent lot.

(8)

Permanent reservation. Area reserved for off-street loading in accordance with the requirements of this division shall not be reduced in area or changed to any other use unless the permitted use which is served is discontinued or modified, except where equivalent loading space is provided and approved by the code enforcement officer.

(Ord. of 5-2016(2), § 6.6)

The requirements for controlling curb cuts and maintaining vision clearance shall be as follows:

(1)

Curb cuts. No curb cut shall exceed 50 feet in length, nor shall curb cuts be closer than 20 feet to other curb cuts or closer than 20 feet to an intersection of two streets measured along the curb line.

(2)

Vision clearance. In all use districts except the C General Business Commercial District, no fence, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of three feet and 15 feet from the ground level shall be permitted within 20 feet of the intersection of the right-of-way lines of two streets.

(Ord. of 5-2016(2), § 6.7)

All streets in the city are hereby divided into three classes as shown on the existing land use and major thoroughfare map in the city land use plan and in section 38-120, adopted by the council and on record in the office of the city clerk.

(1)

Arterial streets and highways are those which are used primarily for fast and heavy through traffic.

(2)

Collector streets are those which carry traffic from minor streets to the major system of freeways, expressways, and arterial streets and highways.

(3)

Local streets are those which are used for access to the abutting properties.

(Ord. of 5-2016(2), § 6.8)

Commercial vehicles and trailers of all types, including travel, boat, camping, hauling and horse trailers, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district except in accordance with the following requirements:

(1)

No more than one commercial vehicle per dwelling shall be permitted; and in no case shall a commercial vehicle used for hauling explosives, gasoline, or liquefied petroleum products be permitted.

(2)

Travel trailers, hauling trailers, horse trailers, or boat trailers shall be permitted if parked or stored behind the front yard building line.

(3)

A travel trailer or recreational vehicle (RV) shall not be permanently occupied while it is parked or stored in any area unless a special use permit is obtained from the planning and zoning commission.

(Ord. of 5-2016(2), § 6.9)

(a)

In a commercial district, any operation not conducted within a building, such as drive-in businesses, outdoor recreation and outdoor storage of materials, shall be enclosed by a wall or fence or solid appearance or tight evergreen hedge where necessary to conceal such areas or facilities from a residential district adjoining or facing across a street in the rear or on the side of the principal building or use.

(b)

In any district where reference is made requiring adequate screening of a specified operation, such screening shall be a wall or fence of solid appearance or tight evergreen hedge not less than six feet in height.

(c)

Outdoor lighting of all types shall be directed so as to reflect away from all residential dwellings, and shall be so situated as not to reflect directly into any public right-of-way.

(Ord. of 5-2016(2), § 6.10)

(a)

The minimum distance between a main building and accessory buildings located on the same lot or parcel shall be:

(b)

There shall be a distance of not less than 20 feet between a main and accessory building location on the same lot or parcel.

(Ord. of 5-2016(2), § 6.11)

(a)

All land newly annexed into the corporate limits of the city shall be automatically classified as single-family residential district, pending further study by the council to determine its proper use district. If the mayor and council elect to rezone newly annexed land from single-family residential uses or otherwise revise or deviate from any single-family residential zoning, then the mayor and council shall follow the additional procedures set forth in section 38-561.

(b)

Pending applications for building permits. Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure, or part thereof, for which a building permit has been granted prior to the adoption of the ordinance from which this division is derived, provided construction shall start within 60 days after the granting of such permit.

(Ord. of 5-2016(2), § 6.12; Ord. No. 2024-0001, § 10, 3-12-2024)