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It shall be lawful to establish any use of a building structure or land, either by itself or in addition to another use, or to erect a new building or structure or part thereof, or to re-build, structurally alter, add to or re-locate any building or structure, or part thereof, without obtaining a permit from the Zoning Enforcing Officer in accordance with the following regulations.
(A) Building permits.
(1) Application for permits shall be filed in written form with the Enforcing Officer, shall state the legal description of the property, the name and address of the owner, the applicant and the contractor, the estimated costs, and shall describe the uses to be established or expanded and shall give such information as may be required by this chapter for its proper enforcement.
(2) All applications shall be accompanied by a dimensioned drawing of the building plot showing the location of buildings and structures, lot areas to be used, and auto parking areas.
(3) Each permit issued for a main building shall also cover any accessory structures or buildings constructed at the same time on the same premises, and such permit shall be posted in plain sight on the same premises for which it is issued until completion of construction or occupancy.
(4) Any work change in use authorized by permit but not substantially started within 90 days shall require a new permit. A permit shall be revoked by the Enforcing Officer when he or she shall find from personal inspection or from competent evidence that the rules or regulations under which it has been issued are being violated.
(5) All applications and a copy of all permits issued shall be systematically filed and kept by the Enforcement Officer in his or her office for ready reference.
(6) To partially defray expenses of administering the ordinance, a fee shall be charged for each permit and collected by the Enforcing Officer who shall account for the same to the city. Fees for building permits shall be based upon the type of structure sought to be erected and shall be as follows:
(a) Houses with or without attached garage: $50;
(b) Room additions: $35;
(c) Garage: $35;
(d) Sheds and out buildings: $25;
(e) Fences and attached decks: $25;
(f) Commercial buildings: $200; and
(g) Commercial building additions: $100.
(B) Certificates of occupancy.
(1) No land shall be occupied or used and no building hereafter erected, altered or extended shall be used or charged in use a certificate of occupancy shall have been issued by the Zoning Enforcement Officer.
(2) All certificates of occupancy shall be applied for coincident with the application for a building permit, and said certificate shall be issued within three days after the erection or alteration shall have been approved.
(3) Certificates of occupancy for the use of vacant land shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of this chapter.
(4) The Zoning Enforcing Officer shall maintain a record of all certificates and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building affected.
(5) No permit for excavation for, or the erection or alternation or repairs to any building shall be issued until an application of occupancy.
(Ord. passed 2-25-1960; Ord. passed 9-9-1985; Ord. passed 4-11-1994; Ord. 2005-4, passed 4-11-2005) Penalty, see § 153.999
(A) In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of public health, morals, safety and the general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulation or ordinances, the most restrictive, or that imposing the higher standards shall govern.
(B) It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with private restrictions place upon property by covenants running with the land. Where this chapter imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contractor or deed, the provisions of this chapter shall control.
(Ord. passed 2-25-1960)
(A) Organization. A Board of Appeals is hereby established in accordance with the provisions of the statute applicable thereto. Regular meetings of the Board shall be held at such time and place within the city as the Board may determine. Special meetings may be held at the call of the Chairperson, or as determined by the Board. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel attendance of witnesses. All meetings of the Board of Appeals shall be open to the public. Such Board shall keep minutes of its proceedings showing the vote, the minutes shall indicate such fact. The Board shall adopt its own rules of procedures not in conflict with the statute or this chapter.
(B) Appeals. Appeals to the Board of Appeals may be taken by any person aggrieved or by the officer, department board or bureau of the city. Such appeal shall be taken within 20 days from the date of the action appealed from, by filing with the Enforcing Officer and Board of Appeals a notice of appeal, specifying the grounds thereof. The Enforcing Office shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceeding in furtherance of the action appealed from unless the Enforcing Officer certifies to the Board, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. The Board of Appeals shall fix a reasonable time for hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. The Board may reverse or affirm, wholly or partly, or may modify the use, requirement, decision or determination as, in its opinion, ought to be made in the premises.
(C) Jurisdiction. The Zoning Board of Appeals shall hear and decide appeals from any order, requirements, decisions or determination made by the Enforcing Officer. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter. The Board may reverse or affirm, wholly or partly, or may modify or amend the order, requirement decision or determination appealed from to the extent and in manner that the Board may decide to be fitting and proper in the premises, and to that end the Board shall also have all powers of the officer from whom the appeal is taken.
(1) When a property owner shows that a strict application of the terms of this chapter relating to the use, construction or alteration of building or structures, or to the use of land, imposes upon him or her practical difficulties or particular hardship, then the Board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant but is necessary to alleviate some demonstrable hardship so great as to warrant a variation in the following instances:
(a) To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record;
(b) To permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than 50% of its value, by fire or act of God, or the public enemy, where the Board shall find some compelling public necessity requiring a continuance of the nonconforming use, and in no case shall such a permit be issued if its primary function is to continue a monopoly;
(c) To make a variance, by reason of an exceptional situation, surroundings or condition of a specific piece of property or by the reason of exceptional narrowness, shallowness or shape of a specific piece of property of record, or by reason of exceptional topographical conditions the strict application of any provision of this chapter would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property, and amount to a practical confiscation of property, as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this chapter;
(d) To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the district map fixing the several districts;
(e) To waive the parking requirements in the business or industrial districts whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience;
(f) To permit a building to be erected, reconstructed, altered or enlarged so that the building lines will extend beyond the distance specified in this chapter into side yards or into front yards, provided that such variance may not be granted: unless there is a building in the block which extends beyond the distance from the front street line specified in this chapter, in which case the building line may be permitted to extend as near to the front street line as such nonconforming building; or unless the lot is irregular in shape, topography or size; unless the street line of the lot is directly opposite the street line of a lot which is irregular in shape, topography or size; or
(g) To permit in any district such modifications of the requirements of the regulations of this chapter as said Board may deem necessary to secure an appropriate development of a lot where adjacent to such lot on two or more sides there are buildings that do not conform to the regulations of the district.
(2) Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the zoning ordinance or the district map; such power and authority being reserved to the City Council. The Board of Appeals may impose such conditions and restrictions upon the use of the premises benefitted by a variation, except in a specified case, after an application for a permit has been made to the Enforcing Officer and after duly advertised public hearing shall contain the address or location of the property for which the variation, or other ruling by the Board, is sought, as well as a brief description of the nature of the appeal. In order to partially defray the expenses of the public hearing involving variances, the applicant shall pay the sum of $100 to the City Treasurer at the time of the filing of the appeal for the variance.
(D) Appeals to court. All final administrative decisions of the Board of Appeals rendered under the terms of this chapter shall be subject to judicial review pursuant of the “Administrative Review Act” approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto.
(Ord. passed 2-25-1960)
(A) The City Council may from time to time, on its own motion or on petition after report by the Planning Commission and after hearing and public notice of such a hearing given by one publication in the city at least 15 days before the time of hearing amend, supplement or change by ordinance, the regulations and districts herein or subsequently established. In case of written protest against any proposed amendment signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered as to such not be passed except by the favorable vote of two-thirds of all of the members of the City Council.
(B) The City Council shall not be required to take action for the conduct of a hearing on petition by property owners to amend, supplement, or change the boundaries of any district or to reclassify any property, but whenever owners of 50% or more of the street frontage in any block shall present to the City Council a petition, duly and acknowledged, requesting such amendment or reclassification, it shall be the duty of the City Council to refer said petition to the Planning Commission to hold a hearing thereon, as provided by statute.
(Ord. passed 2-25-1960)
RESIDENCE DISTRICTS
The following uses are permitted in all residential zones subject to the following conditions.
(A) Churches or similar places of worship, parish house, convents, where located at least 50 feet from any other lot in any residential district.
(B) Public, parochial and private schools, where located at least 50 feet from any other lot in any residence district.
(C) Public libraries, public museums and public art galleries where located at least 50 feet from any other lot in any residence district.
(D) Municipal, state or federal administrative or service buildings, where located at least 50 feet from any other lot in any residence district.
(E) Public parks, playgrounds and community centers, provided that any building shall be located at least 50 feet from any other lot in any residence district.
(F) Existing railroad rights-of-way, providing that there is no switching, storage, freight yards or sidings.
(G) Nurseries, truck gardening and the raising of farm crops, but not the raising of poultry, pets or livestock; and provided further that no building shall be erected or maintained on the property which is used for the sole purpose of selling the products grown or raised.
(H) Home occupations.
(1) Generally. It is the intent of this section to allow home occupations only those uses that conform to the standards of this section. In general, a home occupation is an accessory use so located or conducted that the average neighbor, under normal circumstances, would not be aware of its existence. The standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the neighborhood and to maintain the subordinate and incidental status of the home occupation. It is intended that the home occupation shall be incidental to the principal use of the dwelling unit as a residence. No home occupation shall interfere with the reasonable use and enjoyment of neighboring residential properties.
(2) Unrelated employees. A home occupation shall employ only members of the immediate family and no more than one individual who is unrelated to the family residing on the premises.
(3) Floor area. The total area used for a home occupation shall not exceed 25% of the gross floor are of a dwelling, or 300 square feet (not including garage area) whichever is less.
(4) Neighborhood interference. The home occupation shall not interfere with the reasonable use and enjoyment of neighboring residential properties, and shall be located or conducted so that the average neighbor, under normal circumstances, would not be aware of its existence.
(5) Dwelling alterations. In any residential district, a principal residential building shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building.
(6) Outdoor storage. No storage or display of material, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
(7) Nuisances. A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dust odors or heat detectable beyond the property lines shall constitute a violation of the terms of the provision. The judgement of the Building Official shall be considered decisive and final in this matter unless formally appealed to the Zoning Board of Appeals within 30 days of the building official’s written determination.
(8) Delivery. There shall be no commodity sold or services rendered that require delivery or shipment of merchandise, goods or equipment by other than common carrier, passenger sized motor vehicles, three-quarter to step-up van or similar sized trucks.
(9) Parking. See § 153.093. Additionally, no more than three related automobile visits to the premises at any given moment in time within the period of 6:00 a.m. to 8:00 p.m. daily shall be permitted.
(10) Signs. One flush mount, non-illuminated identification sign not to exceed two square feet in size may be installed on the facade of a building for the purpose of identifying a home occupation.
(11) Prohibited uses. The following uses, in addition to those uses which do not meet the standards set forth within this chapter shall be prohibited as home occupations:
(a) Animal hospitals;
(b) Clinics; medical and dental;
(c) Eating and drinking establishments;
(d) Hospitals, sanitariums and nursing homes;
(e) Kennels;
(f) Rental of mobile homes, trailers and camper trailers;
(g) Stables;
(h) Undertaking establishments and funeral parlors;
(i) Auto, tractor repair shops;
(j) General retail;
(k) Private clubs;
(l) Animal grooming establishments; and
(m) Dance schools.
(12) Application procedures. Any person desiring to obtain a permit for a home occupation shall make an application for same with the Zoning Enforcement Officer of the city, or his or her designee. The application shall be made on such forms as required by the city. There shall be a non-refundable fee of $50 for the initial application.
(13) Miscellaneous. The applicant understands that the special use permit is revocable if the rules and regulations are not adhered to. A home occupation shall be considered abandoned if it is discontinued for a period of three consecutive months during any calendar year. After such abandonment, an application to resume the home occupation must be filed with and approved by the Planning Commission. Mandatory review by the Commission of home occupations shall occur after the first six months of operation and thereafter annually. The purpose of the review is to determine compliance with any conditions imposed by the commission and to ensure no adverse effects, resulting from the home occupation, have occurred in the neighborhood.
(I) One unlighted or unilluminated sign advertising the sale or rent of the land or building upon which it is located. Such sign shall not exceed ten square feet in area, and shall be distant from the street line not less than one-half of the front yard depth.
(J) One sign or bulletin board not exceeding 12 square feet in area in connection with churches or public buildings.
(K) A nonconforming business use may have exterior signs aggregating not more than 12 square feet in area on any lot.
(L) The taking of boarders or leasing of rooms by a resident family, provided the total number of boarders and roomers does not exceed two in any one-family dwelling, or one per dwelling unit in any multiple dwelling.
(M) Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any accessory building shall be located on the same lot with the principal building and not nearer than three feet to any wall thereof; provided, however, no part of any accessory building may used for residence purposes, except that domestic employees of the owner, lessee or occupants of the principal building, and the family of such employee may have quarters in such accessory building. No accessory building shall exceed 15 feet in height. No required front yard shall be used for the open-air parking or storage of motor vehicles.
(N) Any building used as a residence shall contain on the ground floor at least 700 square feet of livable floor space in a R-1 District and 600 square feet in an R-2 District.
(O) Cemeteries, provided the location thereof is approved by resolution of the City Council after public hearing held and recommendation made by the Planning Commission.
(P) Planned development, under single ownership or control, in which incidental business and recreational facilities for the convenience of the occupants may be furnished provided that the property shall have a gross area of at least 30 acres and provided that permitted business uses shall be limited to those uses allowed in C-1 Districts and that they shall not occupy more than ten per cent of the gross land area of the development.
(1) For such developments the City Council may vary bulk regulations of this chapter if such variations are consistent with general purpose and intent of this chapter, and will result in better site planning and thus be of greater benefit both to the occupants of the development and to the surrounding neighborhood.
(2) The location of the planned development must be approved by resolution of the City Council after a public hearing held and recommendation made by the Planning Commission.
(Q) No part of any satellite earth station shall be any closer than ten feet to any lot line, street or alley. Also not to reach a height of more than 35 feet from ground level.
(Ord. passed 2-25-1960; Ord. passed 9-9-1985; Ord. passed 10-27-1994; Ord. 2007-12, passed 12-10-2007)
The following regulations shall apply in all R-1 Districts.
(A) Uses permitted. One-family dwellings.
(B) Floor area ratio. The floor area ratio on a lot shall not exceed 0.5.
(C) Required lot area. Each dwelling shall be located on a lot having an area of not less than 7,500 square feet, and lot width of not less than 60 feet.
(D) Yards required. Yards of the following minimum depths shall be provided.
(1) Front yard. Not less than 25 feet unless the dwelling unit is constructed in an established area on one side of the street between intersecting streets which is improved with buildings that have observed a front yard depth of less than 25 feet. In such established districts, the front yard depth may be the same as, but not less than, the building immediately adjacent to either side of the proposed building structure. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the lot, except that the buildable width of such lot shall not be reduced to less than 32 feet. No accessory building shall project beyond the front yard line on either street.
(2) Side yards. Each lot less than eight feet wide, and the sum of the two side yards shall not be less than 20 feet.
(3) Rear yards. Each lot less than 25 feet, but in no event less than 25% of the depth of the lot.
(E) Automobile storage or parking space. Adequate off-street parking in accordance with the provisions of § 153.093.
(Ord. passed 2-25-1960)
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