§ 153.55  GRANDVIEW ADDITION ZONING AND BUILDING REGULATIONS.
   (A)   Land use and building type. Blocks 1 through 6 of Granview Addition are Residential lots. The following is a list of building types and land uses that are permitted.
      (1)   Dwelling houses;
      (2)   Apartment houses;
      (3)   Churches;
      (4)   Libraries;
      (5)   Parks;
      (6)   Club, lodge or community center buildings not used to make profits; and
      (7)   Playgrounds, gardens and farms.
   (B)   Garages, car ports and pole sheds. The primary or main structure may include an attached or unattached garage. The attached or unattached garage will be build with the same type building materials that the main or primary structure is composed of. this also includes any storage sheds or out buildings. No attached carports will be permitted or allowed.
   (C)   Nuisances. The following activities and strictures are hereby prohibited in the Grandview Addition residential lots:
      (1)   Modular homes or manufactured homes not meeting or exceeding requirements of Uniform Building Code, H.U.D., mobile homes, tents, shacks, barns, temporary buildings and/or structures of a temporary character.
      (2)   No trade or activity, as prohibited by statute or ordinance as amended from time to time, shall be allowed to occur upon Grandview Addition residential lot, nor shall anything else be done which may become an annoyance or nuisance as defined by law.
      (3)   No large semi-trucks, farm equipment, boats, trailers, commercial trucks, tractors, commercial vas, campers and/or recreational vehicles, except those brought in temporarily in connection with service work, or in case of emergencies, shall park on the streets within the Grandview addition; however, large trucks, travel trailers, farm equipment, boats, boat trailers, etc., may be parked inside the garages on said private properties or non-private property outside of the Grandview Addition’s right- of-way roads.
   (D)   Lot frontages. Residential lot frontages shall be seeded to grass, planted shrubs and/or trees.
   (E)   Vegetable gardens. Vegetable gardens are not allowed in the front of the residential lots.
   (F)   Hedges and fences. No fence will be allowed in any front yard of a residential lot.
   (G)   Doghouses and kennels. Doghouses and/or kennels are allowed only in the rear of the residential lots.
   (H)   Construction time requirements for residential lots.
      (1)   To promote the orderly development of the residential areas of the Grandview Addition,, construction of the principal structure shall be completed and ready for occupancy within construction of the principal structure shall be completed and ready for occupancy within 36 months after the closing of the lot purchase, unless there are reasonable and legitimate reasons why the principal structure was not completed within the 36 month period. If there are reasonable and legitimate reasons for the delay, an “extension of time: can be requested and presented to the city Zoning and Planning Committee before the 36 month time period expires. Based upon the totality of the circumstances, the Planning and Zoning Committee will review and advise the City Council and the Council will make the final decision if the extension of time should be granted or defined. If the construction is not completed within the 36 months after the closing of the lot purchase and no request for “extension of time: was timely requested for if no “extension of time” was granted by the City Council, when the lot in question shall revert to the city upon payment to the purchaser of 25% of the purchaser’s original purchase price. The tender of payment by the city to the purchaser will be made within 18 months after the three year construction time period has expired. Purchaser, the purchaser’s assigns, the purchaser’s heirs and/or purchaser’s owners will agree that if the principal structure has not been completed within the 36 month time period, the city will be damaged. The damages include lost revenue from the real estate taxes, incurred legal and sales expenses from the sale and resale of the lot, and the decreased marketability of other lots that the city intends to sell in the future. The 75% loss of purchase price is agreed a reasonable estimate of the damages the city would incur if the principal reasonable estimate of the damages to he city would incur if the principal structure has not been completed within the 36 months after the closing of the lots closing, unless the purchaser requests and receives an extension of time from the city as discussed above.
      (2)   The three-year time period shall not be affected by any subsequent sale by the purchaser and any new purchaser must complete the principal structure within the three-year period that started with the real estate closing with the original purchaser.
      (3)   All residential lots shall have principal structures completed within 36 months. If more than one lot is obtained by a purchaser, building one structure will not satisfy the building requirement to the other lot or lots; each lot must have a principal structure completed within 36 months of the lot’s closing.
   (I)   Manufactured housing. No manufactured housing or any structure of any kind of what is commonly known as “boxed” or “sheet metal” construction is allowed on any residential lots. Manufactured housing or any structure of any kind of what is commonly known as “boxed” construction will be allowed only if it has the following:
      (1)   The roof pitch shall be 4 to 12 or greater.
      (2)   The roof shall be shingled or standing seam steel.
      (3)   Exterior walls shall have conventional house siding, such as brick, cement, LP Smart, side panel, horizontal steel or Novabrik.
      (4)   A masonry basement or foundation with a minimum 4 foot frost footing shall be located completely under the exterior walls.
      (5)   The primary structure shall have a minimum width of 24 feet.
      (6)   The long axis of the primary structure must be parallel to the street.
      (7)   The beams or towing apparatus must not be visible.
      (8)   The primary structure shall meet or exceed HUD manufactured home construction and safety standards.
      (9)   No manufactured housing or structure more than 2 years old may be moved onto a lot.
   (J)   Commercial lots. Lots E, F, G, H, I, J, K in Grandview addition are zoned commercial. These commercial zoned lots are subject to the city ordinances and the following regulations.
      (1)   No storage buildings may be built upon these lots.
      (2)   No mobile home parks will be allowed.
      (3)   The setback for any of these commercial lots shall be 8 foot when adjacent to a residential lot.
      (4)   Construction time requirement will the same as for the residential lots as listed in division (H) of this section.
   (K)   Industrial lots. Blocks 7 and 8 of Grandview addition are zoned industrial. These industrial zoned lots are subject to the city ordinances and the following regulations:
      (1)   Construction time requirements will be the same as for the residential lots as listed in division (H) of this section.
      (2)   Mobile homes parks will be allowed in the industrial zoned area if they are built to the city code found in Chapter 151 of the city’s ordinances.
      (3)   No storage buildings may be built upon these lots.
(Ord. 2015-03, passed 2-17-2015)