CHAPTER 153: ZONING
Section
General Provisions
   153.001   Purpose and intent
   153.002   Scope, jurisdiction and interpretation
   153.003   Code Official; powers and duties
   153.004   Permits
   153.005   Reviews and approvals
   153.006   Enforcement
   153.007   Certificate of occupancy
   153.008   Definitions
Administration and Enforcement Generally
   153.020   Variances and appeals
   153.021   Amendments
   153.022   Zoning Map
   153.023   District boundaries
   153.024   Annexations
Conditional Use Permits
   153.035   Application
   153.036   Public hearing
   153.037   Report to Council
   153.038   Findings
   153.039   Fees
   153.040   Compliance
   153.041   Conditional use expiration
Districts and Uses
   153.055   Residential uses
   153.056   Commercial uses
   153.057   Downtown
   153.058   Allowable projections into yards
   153.059   Landscaping requirements
   153.060   Limited industrial
   153.061   Special industry district
   153.062   Industrial reserve
   153.063   Public district
   153.064   Agricultural district
Floodplain District
   153.075   Purpose and intent
   153.076   Statutory authorization
   153.077   Application
   153.078   Official Zoning Map
   153.079   Warning and disclaimer of liability
   153.080   Abrogation and greater restrictions
   153.081   Definitions
   153.082   Floodplain District establishment
   153.083   Floodplain District (FP)
   153.084   Floodplain evaluations in areas without detailed study
   153.085   Land subdivisions
   153.086   Public utilities, railroads, roads and bridges
   153.087   Manufactured (mobile) homes, manufactured home parks and recreational vehicles
   153.088   Administration
   153.089   Non-conforming uses
Planned Unit Development District
   153.100   Purpose
   153.101   Requirements
   153.102   Procedure
Off-Street Parking
   153.115   General
   153.116   Parking space requirements
   153.117   Parking stall dimensions
   153.118   Design of parking facilities
Loading and Unloading Areas
   153.130   Loading and unloading
   153.131   Central Business District special requirements
   153.132   Payment in lieu of private on-site parking
Sign Regulations
   153.145   Purpose
   153.146   Definitions
   153.147   General provisions
   153.148   Exempt signs
   153.149   Prohibited signs
   153.150   Permits
   153.151   Specific identification sign requirements
   153.152   Temporary signs
   153.153   Specific sign types
   153.154   Signs in development complexes
   153.155   Sign images
Supplementary Regulations
   153.170   Sewer and water systems
   153.171   Extraction of materials and minerals; open pits and impounding of waters
   153.172   Performance standards
   153.173   Grading and excavation regulations
   153.174   Additional requirements, exceptions and modifications
   153.175   Fences
Non-Conforming Lots, Uses and Structures
   153.190   Intent
   153.191   Non-conforming lots of record
   153.192   Non-conforming uses of land
   153.193   Non-conforming uses of structures
   153.194   Non-conforming structures
GENERAL PROVISIONS
§ 153.001 PURPOSE AND INTENT.
   The purpose of this chapter is to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within the city.
(Prior Code, § 11.01)
§ 153.002 SCOPE, JURISDICTION AND INTERPRETATION.
   (A)   General.
      (1)   The provisions of this chapter shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land or sign within a jurisdiction, except work located primarily in a public way, public utility towers and poles, and public utilities unless specifically mentioned in this chapter.
      (2)   Where, in any specific case, different sections of this chapter specify different requirements, the more restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
      (3)   In fulfilling these purposes, this chapter is intended to benefit the public as a whole and not a specific person or class of persons. Although, through the implementation, administration and enforcement of this chapter, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the jurisdiction hereby shall not be enforceable in tort.
      (4)   If any portion of this chapter is held invalid for any reason, the remaining herein shall not be effected.
   (B)   Existing buildings and uses. Lawfully established buildings and uses in existence at the time of the adoption of this chapter shall be permitted to have their existing use or occupancy continued; provided, the continued use is not dangerous to life.
   (C)   Additions, alterations or repairs. Additions, alterations or repairs shall be permitted to be made to any building or use without requiring the existing building or use to comply with the requirements of this chapter; provided, the addition, alteration or repair conforms to that required for a new building or use.
   (D)   Maintenance. All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of the buildings and parcels of land. To determine compliance with this section, the Code Official shall be permitted to cause any structure or use to be inspected.
   (E)   Moved or temporary buildings, structures and uses.
      (1)   Buildings or structures moved into or within the city shall comply with the provisions of this chapter for new buildings and structures.
      (2)   Temporary buildings, structures and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for protection of the public shall be permitted to be erected; provided, a special approval is received from the Code Official for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.
   (F)   Illegal uses. Uses that were illegally established prior to adoption of this chapter shall remain illegal.
   (G)   Interpretations.
      (1)   The interpretation and application of the provisions of this chapter shall be by the Code Official. An appeal of an interpretation by the Code Official shall be submitted to the Board of Adjustments and Appeals, which, unless otherwise provided, are authorized to interpret the code and such interpretation, shall be considered final.
      (2)   Uses are permitted within the various zones as described in this chapter and as otherwise provided herein.
      (3)   It is recognized that all possible uses and variations of uses that might arise cannot reasonably be listed or categorized. Mixed uses/sites or any use not specifically mentioned or about which there is any question shall be administratively classified by comparison with other uses identified in the zones described in this chapter. If the proposed use resembles identified uses in terms of intensity and character, and is consistent with the purpose of this chapter and the individual zone’s classification, it shall be considered as a permitted/non-permitted use within a general zone classification, subject to the regulations for the use it most nearly resembles. If a use does not resemble other identified allowable uses within the zone, it may be permitted as determined by the hearing body in a public hearing as an amendment to this chapter pursuant to § 153.020 of this chapter.
(Prior Code, § 11.02)
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