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(A) The height of buildings in the R1 and R2 Districts shall not exceed 35 feet or two and one-half stories in height.
(B) The height of buildings in the CR District shall not exceed 75 feet and the height of buildings in the CI District shall not exceed 100 feet; but to the height permitted above four feet, may be added to the height of the building for each one foot that the building or portion thereof is set back from the required yard lines; one additional foot may be added to the height provided, however, that the cubical content of the building shall not exceed the cubical content of a prism having a base equal to the area of the lot and height of 125 feet.
(C) In the CR District, a tower may be constructed without reference to the above limitations, provided the largest horizontal dimension of any size of the tower shall not exceed 60 feet, and provided the horizontal area shall not exceed 25% of the area of the lot, and provided the tower shall be removed at least 25 feet from all lot lines and at least 50 feet from any other such tower.
(D) Chimneys, water towers, sugar refineries, monuments, cupolas, spires, domes, standpipes, false mansards, parapets walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the city.
(E) On through lots 150 feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots more than 150 feet in depth, the height regulation and basis of height measurement for the street permitting the greater height shall apply to a depth of more than 150 feet from that street.
(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999)
(A) Front yards.
(1) In the R1 District, there shall be a front yard having a depth of not less than 25 feet from the property line to the front line of the building, covered porch, covered terrace or attached accessory building.
(2) In the R2 or R3 District, there shall be a front yard having a depth of not less than 15 feet from the property line to the front line of the building, covered porch, covered terrace or attached accessory building.
(3) In the CR and CI Districts, no front yard is required, except to comply with the off-street parking and loading regulations set out in this chapter, and unless a building is erected or structurally altered for dwelling purposes, in which event a front yard of not less than 15 feet in depth is required.
(B) Rear yards.
(1) In all districts where buildings are erected or structurally altered for dwelling purposes, there shall be a rear yard having a depth of not less than 20% of the depth of the lot, provided the rear yard need not exceed 25 feet.
(2) In the CR District, there shall be a rear yard having a depth of not less than 20% of the depth of the lot provided the rear yard need not exceed 25 feet.
(3) In the CI District, when property is not used for dwelling purposes, and when not abutting on the rear of a residential district, no rear yard is required. If abutting on the rear of a residential district or a dwelling, then a rear yard of at least ten feet is required.
(4) In computing the required depth of a rear yard for any building or such yard abutting an alley, the depth of the lot may be considered to the center of the alley and the required depth of a rear yard measured from the center of the alley.
(5) An accessory building not exceeding one story in height may occupy not more than 60% of minimum required rear yard.
(6) An accessory building exceeding one story in height may occupy not more than 40% of a minimum required rear yard.
(C) Side yards.
(1) In Districts R1, R2 and CR where a building is erected or structurally altered for dwelling purposes, there shall be two side yards, one on each side of the building, having a combined width of not less than 20% of the width of the lot, provided that in no case shall either side yard be less than five feet, and provided further that the combined widths of the two side yards need not exceed 12 feet. However, in the CI and CR Districts where a building is erected or structurally altered for dwelling purposes, the building shall have side yards of not less than seven feet from the property line.
(2) In the CR District where a building is erected or structurally altered for dwelling purposes for buildings more than three stories in height, but not exceeding six stories in height, each of the two side yards shall be increased three feet in width for each additional story above the third. For buildings more than six stories, or 80 feet in height, there shall be an additional setback as provided in the height regulations above.
(3) In the CR and CI Districts, if the property is not used for dwelling purposes, no side yards are required unless a lot abuts upon the side of a lot zoned for dwelling purposes, there shall be a side yard provided for the business or industrial building, of not less than four feet.
(4) For the purpose of side yard regulations, two or more detached one- or two-family dwellings shall be considered as one building when occupying one lot, provided, however, there shall be a minimum of ten feet between the sides of the building on the same lot.
(D) General yard regulations.
(1) In the case of group houses or court apartments, when buildings rear faces upon the side yard, the width of the yard shall be increased by one foot for each building or apartment abutting thereon. If any stairways open onto or are served by the side yard, the minimum width of the side yard shall be ten feet.
(2) The width of a place or court shall not be less than 40 feet measured between buildings or from buildings to the opposite property line, provided that open or unenclosed porches may project into the required place or court not more than 20% of the width of the place or court.
(3) All other requirements including front, side and rear yards shall be complied with in accordance with the district in which the group houses or court apartments are located.
(4) Every part of a required yard or court shall be open from its lowest point to the sky unobstructed except for the ordinary projections of sills, belt courses, cornices, provided, however, the above projections shall not extend into a court more than 24 inches nor into a minimum side yard more than 24 inches.
(5) The side and front yards requirements for dwellings shall be waived where dwellings are erected above stores or shops.
(6) On corner lots the side yard regulations shall be the same as for interior lots, except in the case of side street or reversed frontage (where the corner lot faces an intersecting street), in which case there shall also be a side yard on the street side equal to the front yard on the lots in the rear. No accessory building on the corner lot shall project beyond the front yard line on the lots in the rear. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersection street, and of record at the time of passage of this subchapter to less than 28 feet, nor to prohibit the erection of an accessory building where the regulation cannot reasonably be complied with. In no event shall there be a corner lot with a building situated thereon which is closer than ten feet to either street.
(Ord. 3-86, passed 6-12-1986)
(A) In the R1 District, the minimum area of the lot shall be 7,500 square feet.
(B) In the R2 District, the minimum area of the lot shall be 7,500 square feet for a one-family dwelling, 7,500 square feet for a two-family dwelling; and for apartment houses or buildings arranged or designed for more than two families, the minimum lot area shall be 8,000 square feet, with an additional 700 square feet for each family in excess of three.
(C) On any lot held under separate distinct ownership from adjoining lots at the same time of the passage of this subchapter, such separately owned property being of record at the time a single-family dwelling may be erected even though the lot be of less area than required by the regulation to area in the district in which it is located; provided, however, that in any event the combined area of the dwelling and accessory building shall not cover more than 40% of the total area of the lot.
(D) No lot area shall be so reduced that the yards or other open spaces shall be smaller than prescribed by this subchapter, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established. Side yard area used to comply with minimum requirements of this subchapter for a building shall not be included as a part of the required areas of any other building.
(Ord. 3-86, passed 6-12-1986; Ord. 7-1-99, passed 7-1-1999; Ord. 11-1-04, passed 4-7-2005)
(A) On any lot on which a front yard is required by this subchapter no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth or structure of any kind shall be maintained in a location within a required front yard so as to obstruct the view of the front of the dwelling from the street.
(B) Any fence, wall, hedge, shrubbery, higher than a base line extending from a point two and one-half feet above walk grade to a point four and one-half feet above walk grade at the required depth of front yard is hereby declared to be an obstruction as to view, except single trees, having single trunks which are pruned to a minimum height of seven feet above walk grade.
(Ord. 3-86, passed 6-12-1986)
(A) Parking requirements based on use. In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as provided in division (B) below), off-street parking spaces in accordance with the following requirements.
(1) Bowling lanes, six parking spaces for each lane.
(2) Business or professional office, studio, bank, medical or dental clinic, four parking spaces plus one additional parking space for each 200 square feet of floor area over 500.
(3) Church or other place of worship, one parking space for each three seats in the main auditorium.
(4) Community center, library, museum or art gallery, ten parking spaces plus one additional space for each 700 square feet of floor area in excess of 2,000 square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one space for each three seats that it contains.
(5) Dance hall, assembly or exhibition hall without fixed seats, one parking space for each 75 square feet of floor area used therefor.
(6) Dwellings, including single-, two-family and multi-family, two parking space for each dwelling unit.
(7) Furniture or appliance store, hardware store, wholesale establishments, machinery or equipment sales and service, clothing or shoe repair or service shop, two parking spaces plus one additional parking space for each 200 square feet of floor area over 1,000.
(8) Hospital, four parking spaces plus one additional parking space for each four beds.
(9) Hotels or motels, one parking space for each sleeping room or suite, plus one space for each 200 square feet of commercial floor area contained therein.
(10) Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, printing or plumbing shop, or similar establishment, one parking space for each two employees working on the premises plus space to accommodate all trucks and other vehicles used in connection therewith, but not less than one parking space for each 400 square feet of floor area.
(11) Mortuary or funeral home, one parking snare for each 50 square feet of floor space in slumber rooms, parlors or individual funeral service rooms.
(12) Motor-vehicles salesrooms and used car lots, one parking space for each 600 square feet of sales floor or lot area.
(13) Private club, lodge, country club or golf club, one parking space for each 100 square feet of floor area or for every four members, whichever is greater.
(14) Retail store or personal service establishment, except as otherwise specified herein, one parking space for each 200 square feet of floor area.
(15) Restaurant, night club, café or similar recreation or amusement establishment, one parking space for each 80 square feet of floor area.
(16) Rooming or boarding house, one parking space for each sleeping room.
(17) Sanitarium, convalescent home, home for the aged or similar institution, one parking space for each four beds.
(18) School, elementary, one parking space for each eight seats in the auditorium or main assembly room, or one space for each classroom, whichever is greater.
(19) School, secondary and college, one parking space for each six seats in the main auditorium or four spaces for each classroom, whichever is greater.
(20) Theater, auditorium (except school), sports arena, stadium or gymnasium, one parking space for each three seats or bench seating spaces.
(21) Tourist home, cabin or motel, one parking space for each sleeping room or suite.
(B) Rules for computing number of parking spaces. In computing the number of parking spaces required for each of the above uses, the following rules shall govern.
(1) FLOOR AREA shall mean the gross floor area of the specific use.
(2) Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
(3) The parking space requirement, for a use not specifically mentioned herein, shall be the same as required for a use of similar nature.
(4) Whenever a building or use constructed or established after the effective date of this subchapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of 10% or more in the number of existing parking spaces, those spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this subchapter is enlarged to the extent of 50% or more in floor area or in the area used, the building or use shall then and thereafter comply with the parking requirements set forth herein.
(5) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
(C) Location of parking spaces. All parking spaces required herein shall be located on the same lot with the building or use served, except as follows.
(1) Where an increase in the number of spaces is required by a change or enlargement of use or where the spaces are provided collectively or used jointly by two or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to exceed 500 feet from any other non-residential building served.
(2) Not more than 50% of the parking spaces required for:
(a) Theaters, bowling lanes, dance halls, night clubs or cafes, and not more than 80% of the parking spaces required for a church or school auditorium may be provided and used; and
(b) Banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in division (C)(1)(a) above; provided, however, that written agreement thereto is properly, executed and filed as specified below.
(3) In case where the required parking spaces are not located on the same lot with the building or use served, or where the spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney and shall be filed with the application for a building permit.
(D) Minimum dimensions for off-street parking.
(1) Ninety degree angle parking: each parking space shall be not less than eight feet wide nor less than 18 feet in length, maneuvering space shall be in addition to parking space and shall be not less than 24 feet perpendicular to the building or parking line.
(2) Sixty degree angle parking: each parking space shall be not less than eight feet wide, perpendicular to the parking angle, not less than 17 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than 20 feet perpendicular to the building or parking line.
(3) Forty-five degree angle parking: each parking space shall be not less than eight feet wide, perpendicular to the parking angle, nor less than 16 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be in addition to parking space and shall be not less than 18 feet perpendicular to the building or parking line.
(4) When off-street parking facilities are located adjacent to a public alley, the width of the alley may be assumed to be a portion of the maneuvering space requirement.
(5) Where off-street parking facilities are provided in excess of the minimum amounts herein specified, or when off-street parking facilities are provided but not required by this subchapter, the off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space herein specified.
(E) Off-street loading space. Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements:
(1) In the District CR, one loading space for each 10,000 feet or fraction thereof, of floor area in the building;
(2) In District CI, one loading space for the first 5,000 square feet of floor area in the building and one additional loading space for each 10,000 square feet, or fraction thereof, of floor area in excess of 5,000 square feet; and
(3) Each required loading space shall have a minimum size of 12 feet by 30 feet.
(Ord. 3-86, passed 6-12-1986)
(A) The lawful use of land existing upon the effective date of this subchapter, although that use does not conform to the provisions hereof, may be continued, subject to the provisions hereof.
(B) The lawful use of a building existing upon the effective date of this subchapter may be continued, although the use does not conform to the provisions hereof. The use may be extended throughout portions of the buildings as are arranged or designed for the use, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. If the non-conforming building is voluntarily removed, the future use of the premises shall be in conformity with the provisions of this subchapter. In the event a non-conforming use of any building or premises is discontinued for a period of one year, the use of the premises shall thereafter conform to the provisions of the district in which it is located.
(C) A non-conforming use, if changed to a conforming use or a more restricted non-conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.
(D) If by amendment of this subchapter any property is hereafter transferred to a more restrictive district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this subchapter relating to the non-conforming use of buildings or premises existing upon the effective date of this subchapter shall apply to buildings or premises occupied or used upon the effective date of that amendment. Repairs and alterations may be made to a non-conforming building, provided that no structural alterations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.
(E) A non-conforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In the case of partial destruction by fire or other causes not exceeding 50% of its value, the Building Inspector shall issue a reconstruction permit. If destruction is greater than 50% of its value, the Board of Adjustment may grant a permit for repair or replacement after public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the character of rounding the designated non-conforming use and the purposes of this subchapter.
(Ord. 3-86, passed 6-12-1986)
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