The following uses shall be permitted only after approval as set forth herein:
A. Home Occupations: The planning and zoning commission may grant a permit for a home occupation, subject to the following conditions:
1. Home occupations are permitted in the zone.
2. The home occupation is conducted entirely within a dwelling and is carried on in the dwelling only by members of the residing family.
3. The home occupation does not involve the use of any accessory buildings or yard space for storage or activities outside of the dwelling.
4. No commercial vehicles are used except one delivery truck which does not exceed one ton rated capacity.
5. The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the building from that of a dwelling.
6. Signs are limited to one nonflashing sign not larger in area than two hundred twenty six (226) square inches. If lighted, the light shall be diffused or shielded.
7. Not more than the equivalent of twenty five percent (25%) of the ground floor area of the dwelling is devoted to the home occupation. (Ord. 199, 11-14-1983)
8. The home occupation shall be registered with the city clerk-treasurer. (Ord. 199, 11-14-1983; amd. 2011 Code)
9. Entrance to the home occupation from outside shall be the same entrance normally used by the residing family, except when required otherwise by regulation of the state health department or other public agency.
10. In the opinion of the planning and zoning commission, the physical appearance, traffic, and other activities in connection with the home occupation is not contrary to the objectives and characteristics of the zone in which the home occupation is located and does not depreciate surrounding residential values.
B. Small Lots: Where a parcel of land at the time of the adoption of this title is at least one and eight-tenths (1.8) times as wide and one and eight-tenths (1.8) times as large in area as required for a lot in the zone, the planning and zoning commission may permit the division of a parcel into two (2) lots, provided:
1. Such division will not cause undue concentration of buildings.
2. The characteristics of the zone in which the lot is located will be maintained.
3. In the opinion of the planning and zoning commission, values in the area will be safeguarded.
C. Utility Buildings And Structures Permitted: Water, sewer, and electric buildings and structures may be constructed in all residential zones subject to the approval of the planning and zoning commission. The planning and zoning commission may require conditions which are reasonably necessary to protect surrounding property values and residential amenities.
D. Frontage On Public Street; Minimum Width Reduced: Except as may be authorized through the approval of a large scale development, each lot shall abut upon a city maintained street. The length of said abutting side as measured at the setback line shall be not less than the minimum frontage requirement of the zone; provided, however, that the planning and zoning commission may authorize a reduction of the minimum frontage requirement subject to the following conditions of this section.
E. Uses Prohibited In Zones Unless Expressly Permitted: Uses of land which are not expressly permitted within a zone are expressly prohibited therein, except as may be permitted by action of the planning and zoning commission pursuant to express authority under the terms of this title. The planning and zoning commission shall not permit a use within a zone which is not expressly permitted by the terms of this title, unless it can be shown that the use is similar to other uses permitted in the zone. Where the planning and zoning commission determines a use to be similar, such use shall thereafter be deemed to be a permitted use as if it were listed therein on the effective date hereof.
F. Moving Buildings; Permit Application, Information: No permit for the moving of any residential, commercial, or industrial building within the city, which has had prior use, shall be issued as required under section 10-2-3 of this title without first filing an application with the planning and zoning commission. Said application shall contain the following information:
1. Location and address of the old and new sites.
2. Plot plan of the new location, also showing adjacent lots on all sides of the property and indicating all structures and improvements on said lots.
3. Plans and specifications for the proposed improvements at the new location, including plans for landscaping treatment when required by the planning and zoning commission.
4. Certification by the planning and zoning commission that the structure is sound enough to be moved and that the condition, location, and use of the building will comply with this title and all other applicable codes and ordinances.
G. Findings Of Commission Prior To Approval Of Building Moving Permit Application: Before approving said application and authorizing the issuance of a permit, the planning and zoning commission must find:
1. That the building will have no appreciable detrimental effect on the living environment and property values in the area into which the structure is to be moved.
2. That the building is in conformity with the quality of buildings existing in the area into which it is proposed to be moved.
3. That said building and the lot on which the building is to be located will conform to the requirements of this title and other applicable codes, ordinances, and regulations.
4. That its location on the lot does not in any substantial way adversely affect buildings or uses in abutting properties.
5. That all required dedications and improvements for streets and facilities and buildings shall be provided in conformity with the standards of the city.
6. That adequate provision has been made through the posting of a bond or other assurance that the building and grounds shall be brought up to the standard of a new building before it is occupied and that the vacated site shall be restored to a safe and sightly condition.
H. Moving Mobile Or Manufactured Homes: The requirements of this section shall also apply to the moving of mobile homes, demountable homes, manufactured homes, and similar movable structures, except when being moved from outside the city into a mobile home park.
I. Transitional Uses: Uses which are permitted on either portion of a lot, which lot is divided by a zone boundary line or which is coterminous with a zone boundary line may be permitted to extend to the entire lot, but not more than one hundred feet (100') beyond the boundary line of such zone in which such use is permitted. Before a permit for such a use may be granted; however, the planning and zoning commission must find that the comprehensive plan of zoning will be maintained and that a more harmonious mixing of uses will be achieved thereby.
J. Adjust Or Reduce Off Street Parking Requirements: The planning and zoning commission may approve substitute parking locations and may reduce the amount of off street parking required where sufficient off street parking is readily available within the vicinity, and/or where acquisition of land for such use is unnecessary in order to carry out the spirit of this title.
(Ord. 199, 11-14-1983)