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
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)
(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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