For the purposes of this Zoning Ordinance, the various permitted uses of buildings and premises within and for each of the Use Districts are divided into groups, classes and subdivisions, and are hereby adopted for each Use District as follows:
(a) Class U-1 Uses - Single-Family House District:
(1) Single-family dwellings.
(2) Public parks, recreation grounds operated by the public.
(3) Municipally owned and operated public utilities, fire and police stations, armories.
(4) Churches, schools and libraries.
(5) Farms.
(Ord. 3095-70. Passed 10-16-70.)
(b) Class U-2 Uses - Two-Family and Apartment House District:
(1) Two-family dwellings.
(2) Double houses.
(3) Apartment houses.
(4) Apartment hotels.
(5) Private clubs, except clubs the chief activity of which is a service customarily carried on as a business.
(6) Hospitals or sanitariums other than for the insane or feeble-minded.
(7) Philanthropic or eleemosynary institutions other than a penal or correctional institution.
(8) Condominiums.
(Ord. 5906-1981. Passed 6-8-81.)
(c) Class U-3 Uses - Retail and Commercial District:
(1) Retail business of all kinds.
(2) Commercial greenhouses, nurseries.
(3) Studios, offices, banks.
(4) Ice delivery stations, storage and service garages.
(5) Salesrooms, restaurants, laundries, telephone exchanges.
(6) Theaters, assembly halls, dance halls, amusements, funeral parlors.
(7) Gasoline and oil filling stations and establishments for the service of motor vehicles, only after issuance of a Conditional Use Permit authorized by the Council after proper notice, and upon compliance with the following conditions, limitations and standards:
A. Applicant for such Conditional Use Permit shall secure, in writing, the consent of fifty-one percent or more of the property owners within a radius of 500 feet of the outer boundaries of the proposed gasoline station site, for the erection of such station.
B. Proponents for such station shall present to the Council a complete set of plans, specifications and blueprints, bearing the approval of the Planning Commission and Building Committee.
C. No gasoline and oil filling station shall be permitted on a lot or plot of ground having less than 150 feet frontage, and a total area less than 25,000 square feet.
D. There shall be not more than two gasoline and oil filling stations at the intersections of two main streets or thoroughfares. There shall be not more than one gasoline and oil filling station at the intersection of a main street or thoroughfare with a minor or residential street. There shall be no gasoline and oil filling stations at the intersection of two minor or residential 'streets.
E. The proposed station shall be of modern, fireproof construction, and shall have an enclosed area of at least 2,000 square feet, with provisions for lavatories for both men and women, separated by soundproof walls.
F. Plans for such station shall include the hard-surfacing of all driveways and parking areas, landscaping and screening with either shrubbery or proper approved type of fencing, as may be required by Council. Location of all approach ramps shall be approved by the Safety Director.
G. Whenever a proposed gasoline service station is within 500 feet of a church, school, library, public playground or any existing gasoline and oil filling station, notice by mail shall be given to such church, school, library, persons supervising public playgrounds and persons owning, operating or in control of such existing gasoline and oil filling stations, at least ten days before the Council hearing provided for. The Council shall satisfy itself that such proposed gasoline and oil filling station use will not seriously injure the appropriate use of such church, school, library, public playground or existing gasoline and oil filling station, will not create additional traffic hazards and will not endanger or menace the health and safety of the children or citizens of the City.
H. Parking of motor vehicles outside the gasoline and oil filling station building shall be limited to two motor vehicles for each service bay but no more than a maximum of four motor vehicles shall be so parked. No motor vehicle shall remain so parked for any period exceeding forty-eight hours.
I. If any gasoline or oil filling station becomes abandoned, such station shall be presumed to be a nuisance affecting or endangering surrounding property values and to be detrimental to the public health, safety, convenience, comfort, property or general welfare of the community and such nuisance shall be abated. "Abandoned" means a failure to operate the service station for at least three consecutive months.
Whenever the Director of Building finds any gasoline or oil filling station to be abandoned within the meaning of this section, he shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at the last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods, to abate such abandoned condition within sixty days either by placing the station in operation in accordance with this Code, adopting and using the building for another permitted business use, or by razing the station structure, removing the pumps and signs, abandoning underground storage tanks in accordance with accepted safe practice as prescribed by the Fire Prevention Code of the City under the supervision of the Fire Chief and filling depressions to the grade level of the lot. However, if the station is in operation at the time notice is given and remains in operation for ninety consecutive days thereafter, the provisions of this section shall not apply and if there should be declared a national emergency which would curtail the operation of motor vehicles or if Council should determine that there exists a state of general economic depression, the provisions of this section shall not apply.
Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandonment, the Director of Building shall have the right to enter upon the premises and take such action as may be necessary to abate the nuisance. In abating the nuisance the Director of Building may take such action as is necessary to complete the abatement and may use any labor or equipment of the City or may contract for the abatement thereof, if such contract may be let without any expense whatsoever to the City.
Should it be practicable to sell or salvage any material resulting from the abatement, the Director of Building may cause the material to be sold at public or private sale at the best price obtainable and shall keep an account of the proceeds thereof. Such proceeds shall be deposited in the General Fund of the City and if the amount received is less than the cost of the abatement, the Director of Building shall report the matter to Council, which shall levy an assessment for the deficiency against the premises upon which such unlawful condition was abated and cause such assessment to be certified and collected as are other assessments by the City.
Should the proceeds of the sale of any material salvaged in the course of such abatement exceed the cost thereof, the amount of such excess shall be paid to the owner of the premises upon the filing of a claim therefor and proof of title and right to such surplus.
Any person who neglects or refuses to obey a proper order issued by the Director of Building or his duly authorized representative pursuant to this section shall be fined not more than fifty dollars ($50.00) for each offense. Each day that such unlawful condition is permitted to exist, after the time specified for the abatement thereof by the owner or occupant in the notice provided for herein, shall be deemed a separate and distinct offense.
(8) Shops for custom work or the furnishing of services or articles to be supplied or sold at retail on the premises, or any other enterprise for the convenience and service of and dealing directly with and accessible to the ultimate consumer, or other uses similar to the uses listed herein for a Class U-3 Use District, provided the Planning Commission finds that such uses will not be injurious to adjacent premises or the occupants thereof by reason of the emission of dust, fumes, smoke, noise or vibration.
(d) Class U-4 Uses - Warehousing District:
(1) Warehouses for the storage of building material, contractor's equipment, clothing material, food, furniture, hardware or machinery, except the following which are prohibited: scrap, junk, used material and flammable liquids.
(2) Wholesale establishments and uses.
(3) Packaging and related uses incidental to warehousing, on special permit, if the Planning Commission finds that such use will not be noxious, offensive or detrimental to the surrounding neighborhood by reason of production or emission of odor, dust, smoke, gas, vibration or noise.
(Ord. 7860-1993. Passed 10-19-93.)
(e) Class U-5 Uses - Industrial and Manufacturing District: (EDITOR'S NOTE: Subsection (e) was repealed by Ordinance 8577-1999, passed August 24, 1999.)
(f) Forbidden Uses in U-3, U-3A, U-4 and U-5 Use Districts: No open or unroofed yard for the storage of lumber other new building material shall be allowed in any U-3, U-3A, U-4 or U-5 Use District.
(Ord. 8407. Passed 1-27-98.)