Loading...
EXCEPTIONS
§ 152.115 PROJECTIONS FROM BUILDINGS.
   (A)   Architectural features, such as cornices, eaves, canopies, sunshades, gutters, chimneys, and flues shall not project more than 24 inches into a required side yard setback or more than 48 inches into a required front or rear yard setback, nor in any case more than one-third the distance into any required yard setback.
   (B)   Building wall projections, such as bay, bow, and garden windows, fireplaces, and stoves, that protrude into required yards setback shall not be longer than seven feet in length, shall not protrude closer than five feet to a side yard property line. There shall be no more than one wall projection per building side, except building sides exceeding a 30 lineal foot length may have a maximum of two-bay, bow, or garden windows. Bay, bow, and garden windows shall have windows on all sides, and shall not protrude into any required parking space or area.
   (C)   Uncovered decks may project no more than one-third the distance into any required yard setback, but covered areas such as porches are not permitted such exception. An access landing no more than three feet by three feet (nine square feet) and attendant stairway; or ADA compliant ramp may project into a required side yard setback, provided it is the minimum encroachment necessary to provide safe access, and is no closer than three feet to the property line.
   (D)   This section has no application to driveways or other such features that are not projections but are flush to the ground.
(Ord. 24, passed 4-5-1976; Ord. 256, passed 4-6-2004; Ord. 324-20, passed 7-21-2020)
§ 152.116 GENERAL EXCEPTIONS TO LOT SIZE REQUIREMENTS.
   If a legally created lot does not meet the lot size requirements of the zone in which the property is located, the lot may be occupied by a use permitted in the zone subject to the other requirements of the zone, provided that, if there is an area deficiency, residential use shall be limited to a single-family dwelling unit.
(Ord. 24, passed 4-5-1976; Ord. 71, passed 8-19-1980; Ord. 225, passed 10-16-1995; Ord. 256, passed 4-6-2004)
§ 152.117 GENERAL EXCEPTIONS TO BUILDING HEIGHT LIMITATIONS.
   Chimneys, elevator shaft housings, aerials, and flag poles are not subject to the building height limitations of this chapter.
(Ord. 24, passed 4-5-1976)
CONDITIONAL USES
§ 152.130 PURPOSE.
   Certain types of uses require special consideration prior to their being permitted in a particular zone. The reasons for requiring such special consideration include, among others, the size of the area required for the full development of such uses, the nature of the traffic problems incidental to operation of the uses, and the effect such uses have on adjoining land uses and on the growth and development of the city as a whole. All uses permitted conditionally possess unique and special characteristics making impractical their inclusion as outright uses in many of the various zones herein defined. Location and operation of designated conditional uses shall be reasonably compatible with adjacent uses and authorized only by issuance of a conditional use permit.
(Ord. 24, passed 4-5-1976; Ord. 92, passed 7-7-1982; Ord. 93, passed 7-7-1982; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 256, passed 4-6-2004)
§ 152.131 AUTHORIZATION TO GRANT OR DENY CONDITIONAL USE PERMIT.
   Conditional uses listed may be permitted, enlarged, or altered upon authorization by the Planning Commission in accordance with the standards and procedures set herein.
   (A)   In taking action on a conditional use permit application, the Planning Commission may permit or deny the application.
   (B)   In approving a conditional use request or the modification of a conditional use, the Planning Commission may impose, in addition to those standards and requirements expressly specified by this subchapter, additional conditions which are considered necessary to protect the best interests of the surrounding area or the city as a whole. These conditions may include, but are not limited to, the following:
      (1)   Increasing the required lot size or yard dimensions;
      (2)   Limiting the height of buildings;
      (3)   Controlling the location and number of vehicle access points;
      (4)   Increasing or decreasing the street width;
      (5)   Increasing the number of required off-street parking spaces;
      (6)   Limiting the number, size, location, and lighting of signs;
      (7)   Requiring fencing, screening, landscaping, berming, or other facilities to minimize impacts on adjacent or nearby property, to a height appropriate for the facility as approved by the Planning Commission;
      (8)   Designating sites for open space;
      (9)   Setting a time limit for which the conditional use is approved;
      (10)   Site reclamation upon discontinuance of use;
      (11)   Requiring a waiver of remonstrance;
      (12)   Limiting hours of operation; and
      (13)   Determining the appropriate location, direction, and intensity of lighting.
   (C)   In the case of a use existing prior to and classified in this chapter as a conditional use, a change in use or lot area or an alteration of structure shall conform with the requirements for conditional use.
   (D)   The Planning Commission may require, or the city may require, that an applicant obtaining a conditional use permit furnish the city with a performance agreement of up to the value of the cost of the improvement to be guaranteed by such agreement, in order to assure that the conditional use is completed according to the plans as approved by the Planning Commission.
(Ord. 24, passed 4-5-1976; Ord. 92, passed 7-7-1982; Ord. 93, passed 7-7-1982; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 256, passed 4-6-2004)
§ 152.132 BUILDING PERMIT FOR AN APPROVED CONDITIONAL USE.
   Building permits for all or any portion of a conditional use shall be issued only on the basis of the plan as approved by the Planning Commission. Any substantial change in the approved plan shall be resubmitted to the Planning Commission as a new application for a conditional use.
(Ord. 24, passed 4-5-1976; Ord. 92, passed 7-7-1982; Ord. 93, passed 7-7-1982; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 256, passed 4-6-2004)
§ 152.133 TIME LIMIT ON A CONDITIONAL USE PERMIT.
   Approval of a conditional use shall be void two years after the effective date of the decision if the authorized development action is not initiated in that period. As used in this section, INITIATED means that building permits or other necessary approvals have been secured and exercised or maintained valid, or, if no such approvals are required, that the authorized use has been established.
(Ord. 24, passed 4-5-1976; Ord. 92, passed 7-7-1982; Ord. 93, passed 7-7-1982; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 256, passed 4-6-2004)
§ 152.134 REVOCATION OF A CONDITIONAL USE PERMIT.
   (A)   Any permit granted hereunder shall be subject to revocation by the Planning Commission if the application includes or included any false information, or if it is determined that the conditions of approval have not been complied with or are not being maintained, or the conditional use becomes detrimental to public health, safety, or welfare.
   (B)   In order to consider revocation of a conditional use permit, the Planning Commission shall hold a public hearing as prescribed under § 152.206 of this chapter in order for the permit holder to show cause why such permit should not be revoked. If the Planning Commission finds that the conditions of permit approval have not been complied with or are not being maintained, a reasonable time shall be given for rectification, and if corrections are not made within that time, revocation of the permit shall become effective. The Planning Commission shall revoke the permit, specifying the effective date of such revocation.
(Ord. 24, passed 4-5-1976; Ord. 92, passed 7-7-1982; Ord. 93, passed 7-7-1982; Ord. 154, passed 9-17-1990; Ord. 172, passed 10-7-1991; Ord. 173, passed 12-2-1991; Ord. 256, passed 4-6-2004)
Loading...