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(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)
(A) Administrative official.
(1) The provisions of this subchapter shall be administered and enforced by the Building Inspector of the city. The Building Inspector or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his or her duties in the enforcement of this subchapter.
(2) Whenever any construction work is being done contrary to the provisions of this subchapter, the Building Inspector may order the work stopped by notice in writing served on the owner or contractor doing or causing the work to be done, and any person shall forthwith stop the work until authorized by the Building inspector to proceed with the work.
(B) Requirements for building permit.
(1) All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing:
(a) The actual shape and dimensions of the lot to be built upon;
(b) The exact size and locations on the lot of the buildings and accessory buildings then existing;
(c) The lines within which the proposed building and structure shall be erected or altered;
(d) The existing and intended use of each building and or part of building;
(e) The number of families or housekeeping units the building is designed to accommodate; and
(f) Other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this subchapter. One copy of the plot plans will be returned to the owner when the plans have been approved. All dimensions shown on these plans, relating to the location and size of the lot to be built upon, shall be based on an actual survey by a qualified registered surveyor and the lot shall be staked out on the ground before construction is started. After application for permit is sought in writing on the required form promulgated by the city, the city shall either accept or reject the permit within one week from the filing of same.
(2) Under no circumstances shall any plumbing be done before the building permit is issued, and no plumbing shall be issued before the building permit is issued.
(C) Existing permits and private agreements. This subchapter is not intended to abrogate or annul:
(1) Any permits issued before the effective date of this subchapter; and
(2) Any easement, covenant or any other private agreement.
(D) Newly annexed areas.
(1) Permits in temporary zoned areas. In the area temporarily classified as District R1, no permit for the construction of a building or use of land other than types of buildings or land used allowed in District R1 under this subchapter shall be issued by the Building Inspector until the permit has been specifically authorized by the City Council. Permits for the construction of buildings in a newly annexed territory prior to permanent zoning may be authorized under the following conditions: An application for any use shall be made to the Building Inspector, the application to show the use contemplated, and a plat showing the size and type of building to be constructed; and, if the application is for other than a building allowed in District R1, it shall be referred to the City Council.
(2) Unplatted property. The city shall not approve any plat or any subdivision within the city limits of the city until the area covered by the proposed plat shall have been permanently zoned by the City Council.
(E) Certificate of occupancy and compliance.
(1) No building hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the City Inspector stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.
(2) Certificates of occupancy and compliance shall be applied for coincident with the application for building permit and shall be issued within ten days after the erection or structural alterations of the building shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the City Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.
(3) No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.
(Ord. 3-86, passed 6-12-1986; Ord. 2-7-98, passed 7-9-1998)
The word BOARD, when used in this subchapter, shall be construed to mean City Council.
(A) Organization and procedure.
(1) Establishment. The City Council is hereby established as a Board of Adjustment.
(2) Membership. The Mayor and all Council members.
(3) Meetings. Meetings of the Board shall be held at the regular meetings of the City Council unless a special meeting is called.
(4) Hearings.
(a) The hearings of the City Council sitting as a Board of Adjustment shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it.
(b) The Board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest.
(5) Rules and regulations.
(a) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
(b) The City Council, sitting as a Board of Adjustment, shall act by resolution in which a majority must concur. The Board shall adopt, from time to time, such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
(B) Appeals.
(1) Procedure. Appeals may be taken to and before the Board of Adjustment by any persons aggrieved, or by an officer, or department of the city. The appeal shall be made by filing with the office of the Board of Adjustments a notice of appeal and specifying the grounds therefor. The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken.
(2) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceeding shall not be stayed otherwise than by a restraining order, which may be granted by the City Council or by a court of equity, after notice of the officer from whom the appeal is taken and on due cause shown.
(3) Notice of hearing on appeal. The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of the hearings to the petitioner and to the owner of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the City Council to be affected thereby, the owners and persons being determined according to the current tax rolls of the city. Depositing of the written notice in the mail shall be deemed sufficient compliance therewith.
(4) Decision by Board of Adjustment.
(a) The Board of Adjustment shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.
(b) The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(C) Powers and duties of Board.
(1) Subpoena witnesses and the like. The Board of Adjustment shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under regulations as it may establish.
(2) Appeal based on error. The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this subchapter.
(3) Special exceptions. The Board of Adjustment shall have the power to hear and decide special exceptions to the terms of this subchapter upon which the City Council is required to pass.
(4) Variances. The Board of Adjustment shall have the power to authorize upon appeal in specific cases the variance from the terms of this subchapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in unnecessary hardship, and so that the spirit of this subchapter shall be observed and substantial justice done.
(Ord. 3-86, passed 6-12-1986)
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