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§ 152.053 DISCONTINUANCE; USE CEASED.
   No building, structure or lot, or any part of a building, structure or lot, where a nonconforming use has ceased for 90 days or more shall again be put to a nonconforming use. If a dwelling unit that is a nonconforming use is vacant or unoccupied for 90 days or more, the dwelling unit shall not be again put to a nonconforming use.
(Ord., passed - -79; Am. Ord. 2013-012, passed 12-16-13) Penalty, see § 152.999
§ 152.054 PERFORMANCE STANDARDS.
   All uses nonconforming at the time of adoption of this chapter by reason of noncompliance with the provisions of §§ 152.090 through 152.092, if not otherwise stipulated by the Board, shall adopt necessary measures to conform therewith within three years of the adoption of this chapter.
(Ord., passed - -79; Am. Ord. 1980-5, passed 7-7-80) Penalty, see § 152.999
§ 152.055 REPLACING DAMAGED BUILDINGS.
   Any nonconforming building or structure damaged more than 60% of its then fair market value, exclusive of foundations at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God, shall not be restored or reconstructed and used as before such occurrence, but if less than 60% damaged above the foundation, it may be restored, reconstructed or used as before, provided that it be done within six months of such occurrence.
(Ord., passed - -79) Penalty, see § 152.999
§ 152.056 REPAIRS AND ALTERATIONS; ADDING DWELLING UNITS.
   Such repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure, provided no structural alterations and no addition of any dwelling units shall be made except such as are required by law.
(Ord., passed - -79; Am. Ord. 2013-012, passed 12-16-13) Penalty, see § 152.999
§ 152.057 STREET-LEVEL AND FIRST-FLOOR RESIDENCES IN B-2 DISTRICT.
   (A)   The purpose of this section is to prohibit the use of the street-level, first-floor portion of any structure in the B-2 Community Business District as shown on the Zoning Map from use and occupancy as a dwelling, residence, boarding room, hotel room, motel room, or any other living area. It shall be a nonconforming use for any person to use any part of the street-level, first-floor portion of any structure in the B-2 Community Business District as shown on the Zoning Map, as a dwelling, residence, boarding room, hotel room, motel room, or any other living area, and any such use is hereby prohibited. However, any structure in which the entire structure was originally designed for use as a single-family residential dwelling, and where the entire structure continues to be used as a single-family residential dwelling, may continue to be used as a single-family residential dwelling unit even if a portion of the single-family residential structure is located on the street-level, first-floor portion of the structure.
   (B)   One intent of the B-2 Community Business District is to provide a traditional center of commerce for the city. This district is characterized by traditional and historic downtown development patterns and uses, including buildings located close to the street and adjacent to pedestrian oriented public sidewalks, and located close to a financial centers, government centers and other retail and entertainment uses. Street-level, first-floor living areas in this district are contrary to this intent.
(Ord. 2013-012, passed 12-16-13)
DISTRICT REGULATIONS
§ 152.070 AGRICULTURAL DISTRICT.
   (A)   Principal permitted uses. No building, structure or land shall be erected, altered, enlarged or used which is arranged or designed for other than one of the following uses, except as provided herein and in §§ 152.050 through 152.056.
      (1)   Agricultural. Agriculture.
      (2)   Residential. One-family dwellings.
      (3)   Recreational. Noncommercial recreation facilities.
      (4)   Institutional and cultural. Churches; schools and colleges for academic instruction; libraries.
      (5)   Club. Noncommercial clubs and lodges.
      (6)   Essential services. As defined in § 152.004.
      (7)   Sign. Subject to the provisions of §§ 152.140 through 152.151.
      (8)   Sexually oriented business. Sexually oriented businesses subject to the provisions of §§ 152.170 et seq.
   (B)   Conditional uses. The following uses shall be permitted only if expressly authorized by the Board.
      (1)   Residential. Trailer parks subject to the provisions of §§ 152.125 through 152.128; tourist homes; lodging and boarding houses.
      (2)   Institutional. Hospitals; museums, art galleries and similar cultural facilities.
      (3)   Recreational. Commercial recreation facilities.
      (4)   Storage and dumping. Dumps, sanitary landfills, junk yards, motor vehicle wrecking yards and outdoor storage yards, provided that the use is screened from neighboring properties, local streets and state and federal numbered highways by natural objects and/or a well-maintained fence or wall at least six feet in height, and further provided that all burning, dismantling and compacting operations are conducted at least 100 feet from all lot lines.
      (5)   Airport and heliport. Provided that in addition to aviation requirements which may be imposed by proper authority heliports shall comply with the following requirements:
         (a)   The minimum unobstructed landing area shall be not less than 125 x 125 feet on the ground and not less than 40 x 40 feet on a rooftop;
         (b)   No landing area shall be developed or continued to be used within a horizontal distance of 200 feet from the nearest wall of any other building constructed to a height which exceeds that of the landing area;
         (c)   All open areas and landing pads shall be of hard surfaces; and landing pads shall be enclosed by solid wall or chain link or similar fence not less than three feet high and so located as not to obstruct the guide angle of aircraft using said pad; and
         (d)   At least two approach lanes to each landing pad shall be provided and maintained free of obstruction and shall be located not less than 90 degrees apart. Such approach lanes shall be located within 45 degrees left or right of prevailing winds and shall fan out at an angle of 10 degrees from the width of the landing pad to a width of 1,000 feet and shall have a guide angle slope of 1:8.
      (6)   Utility. Public utility buildings necessary for the furnishing of adequate service to the community.
      (7)   Cemetery.
      (8)   Extractive. Extraction of minerals and oil drilling subject to the provisions of §§ 152.195 through 152.197.
   (C)   Accessory uses. Accessory uses, buildings or structures customarily incidental to any principal permitted or conditional use shall be permitted in conjunction with such use, including the following:
      (1)   Residential. Living quarters for persons employed on the premises; keeping of not more than four roomers or boarders by a resident family.
      (2)   Parking facility. Private garage or parking area, subject to the provisions of §§ 152.155 and 152.156.
      (3)   Home occupation. As defined in § 152.004, provided that not more than one- half the area of one floor of the dwelling is devoted to such use.
      (4)   Temporary produce stand. On any premises used for agricultural purposes.
      (5)   Sign. Subject to the provisions of §§ 152.140 through 152.151.
      (6)   Temporary buildings. For uses incidental to construction.
   (D)   Height regulations. No structure shall exceed 2-1/2 stories or 30 feet except as provided in §§ 152.210 and 152.211.
   (E)   Lot area frontage and yard requirements. The following minimum requirements shall apply except as provided in §§ 152.030 through 152.040.
 
 
Lot Area Acres
 Lot Width ft.
Front Yard Depth ft.
Side Yard Width ft.
Rear Yard Depth ft.
All Uses
1
100
50
20
50
 
(Ord., passed - -79; Am. Ord. 1980-5, passed 7-7-80; Am. Ord. 98-12, passed 9-1-98; Am. Ord. 1999-1, passed 1-1-99) Penalty, see § 152.999
§ 152.071 R-1 ONE-FAMILY RESIDENCE DISTRICT.
   (A)   Principal permitted uses. No building, structure or land shall be erected, altered, enlarged or used which is arranged or designed for other than one of the following uses except as provided herein and in §§ 152.050 through 152.056.
      (1)   Agricultural. Agriculture, but not including animal and poultry husbandry and dairying.
      (2)   Residential. One-family dwellings; residential planned development projects subject to the provisions of §§ 152.165 through 152.168.
      (3)   Institutional. Churches; schools and colleges for academic instruction.
      (4)   Essential services. As defined in § 152.004.
   (B)   Conditional uses. The following uses shall be permitted only if expressly authorized by the Board.
      (1)   Recreational. Commercial and noncommercial recreation facilities.
      (2)   Institutional. Hospitals, libraries.
      (3)   Club. Noncommercial clubs and lodges.
      (4)   Utility. Public utility buildings necessary for the furnishing of adequate service to the area but not including general offices, garages, warehouses or outdoor storage yards.
   (C)   Accessory uses. Accessory uses, buildings or structures customarily incidental to any principal or conditional use shall be permitted in conjunction with such use, including the following:
      (1)   Residential. The keeping of not more than two roomers or boarders by a resident family.
      (2)   Domestic animal. The keeping of domestic animals exclusively for the use and personal enjoyment of the occupants of the principal building but not including a kennel.
      (3)   Parking facility. Parking garage or parking area subject to the provisions of §§ 152.155 and 152.156.
      (4)   Recreational. Private swimming pools.
      (5)   Home occupation. As defined in § 152.004 provided that not more than 1/4 of the area of one floor of the dwelling is devoted to such use.
      (6)   Sign. Subject to the provisions of §§ 152.140 through 152.151.
      (7)   Temporary buildings. For uses incidental to construction.
   (D)   Height regulations. No principal structure shall exceed 2-1/2 stories or 30 feet and no accessory structure shall exceed one story or 15 feet, except as provided in §§ 152.210 and 152.211.
   (E)   Lot area, frontage and yard requirements. The following minimum requirements shall apply, except as provided in § 152.030 through 152.040.
 
Lot Area sq. ft.
Lot Width ft.
Front Yard Depth ft.
Side Yard Depth ft.
Rear Yard Depth ft.
Dwellings
1 & 1-1/2 stories
10,000
75
25
10
35
2 & 2-1/2 stories
10,000
75
25
12
35
All Other Uses
20,000
100
25
15
35
 
   (F)   Courts. Whenever any room in which persons live or sleep cannot be reasonably and adequately lighted and ventilated from a front, side or rear yard, a court, conforming with the provisions of this section, shall be provided on which such rooms shall open. Such court need not extend below the lowest story it is required to serve.
      (1)   Outer court. A court which extends directly to and opens for its full width on a front, side or rear yard, shall be not less than six inches wide for each foot of height above the sill of the lowest window served by it nor, in any case, less than six feet wide. The length of such court, measured perpendicular to the width, shall not exceed twice such width unless such width conforms to the requirements of § 152.071 (C)(11).
      (2)   Inner court. A court which does not extend directly to nor open for its full width on a front, side or rear yard shall be not less than nine inches wide for each foot of height above the sill of the lowest window served by it nor, in any case, less than ten feet wide.
(Ord., passed - -79; Am. Ord. 1980-5, passed 7-7-80; Am. Ord. 1999-1, passed 1-1-99) Penalty, see § 152.999
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