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All portable and prefabricated structures shall be prohibited in B-1 and B-2 Districts, except where incidental to construction of a principal structure. Within 30 days following completion of said principal structure, all portable and prefabricated structures shall be removed.
(Ord. passed 4-4-2000)
Permits for either the construction of buildings or for the use of land or buildings which have been issued prior to the adoption of this chapter and which are in violation of this chapter shall be declared void unless evidence is shown to establish that substantial expenditures have been made either for the preparation of plans for construction or for preliminary planning. Investment in real property shall not be construed as an expenditure towards construction. Unless actual construction work, including grading and excavation, is underway within six months after the adoption of this chapter, such permit shall become void.
(Ord. passed 4-4-2000)
(A) Minimum square footage of residence. All residential principal structures in the city must be a minimum of 800 square feet of living space. This minimum space requirement pertains to the required space in a dwelling unit, that is zoned Single Family, Mobile Home and Multi-Family District in the city limits.
(B) Additional requirements of residences. Other regulations, standards, provisions and procedures shall fall in line with the regular processes of the city and the International Building Code.
(C) Exceptions.
(1) Special use variance permit. A special use variance permit variance is required to locate any other residential structure in the city.
(2) Issuance of permit. In considering the application, the City Council may take into account the proposed location of the home in relation to the present and anticipated land use and development. After review of the application and determining the application and the proposed home, the City Council shall approve or deny that a permit be issued.
(D) Penalty. Any person, firm, individual or occupant who shall violate any provision of this section shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding $500, and such and every day's violation shall constitute a separate and distinct offense, in case the owner, occupant, firm or individual of any lot or lots or premises under the provisions of this section, the president, vice-president, secretary, treasurer of such firm/corporation shall be also severely liable for the penalties herein provided. When two previous warnings have been issued on the same property or firm, individual or occupant within a 12-month period, upon the issuance of a third notice of violation the person, firm, occupant, or individual shall be immediately guilty of a misdemeanor and subject to the fines as set out in this section.
(Ord. 2022-06, passed 11-17-2022)
SITE PLAN APPROVAL PROCESS
The purpose of these provisions is to promote harmonious functional relationships within any development such as the location of activities, vehicular and pedestrian circulation systems, and visual form, to ensure physical, social and economic compatibility with neighboring developments and conditions, as well as the community at large and to prevent detrimental impact to the natural environment on and off the site by providing for review and evaluation by the city of site plans for all developments of the types listed below. Although certain minimum standards are set forth in this subchapter, such review will permit maximum flexibility in evaluating each plan on its merits and encourage variety and innovation while ensuring privacy and safety on all levels.
(Ord. passed 4-4-2000; Ord. 2006-0921, passed 9-21-2006)
Site plans involving any new development or construction may be required to have site plan approval from the City Council. Final City Council approval of site plans, if required, must be achieved prior to issuance of any building permit.
(Ord. passed 4-4-2000; Ord. 2006-0921, passed 9-21-2006)
The site plan approval provisions contained herein shall apply to the following uses:
(A) All multiple-family dwellings in excess of ten units;
(B) All manufactured home parks and recreational vehicle parks; and
(C) All commercial and industrial development of one acre or more.
(Ord. passed 4-4-2000)
The City Council shall consider the following when reviewing site plans:
(A) General character and compatibility (internally or with surrounding areas) in terms of housing types, yard depths, ground coverage, tree cover, surface drainage, density (in residential developments);
(B) The least possible detrimental impact to the site and surrounding areas, substantial depreciation of property values, or reduction to the safety, light or general convenience of neighboring developments;
(C) Ingress to and egress from property and internal circulation, including access of service and emergency vehicles and design of off-street parking and loading areas;
(D) The location and arrangement of all buildings and structures with regard to setback requirements and special consideration given to aspects such as visual form, sociability and personal safety with regard to police and fire protection;
(E) Environmental aspects with regard to sedimentation, drainage, and flood control and preservation of natural greenery on the site;
(F) Utilities, with regard to availability and suitability for the use intended, and consideration of hook-up and service locations, including fire hydrants;
(G) Screening, buffering and landscaping with regard to the type and dimensions, to preserve the character of surrounding areas and to provide privacy for the site in question; and
(H) Recreation and open space with attention to the location, size, and development of the areas with regard to their usability, adequacy and their relationship to community-wide open spaces and recreation facilities (for residential developments).
(Ord. passed 4-4-2000; Ord. 2006-0921, passed 9-21-2006)
The following process shall be utilized to obtain approval of site plans.
(A) Pre-site plan review conference. The applicant for site plan review shall meet with the Building Inspector to discuss basic site plan
procedures and requirements to consider the elements of the site in question and to the proposed development.
(B) Administrative processing.
(1) Building Inspector review. Following the pre-site plan review conference, a site plan may be filed with the Building Inspector. The applicant shall submit five copies of the material as indicated in § 155.275. The material will be distributed to various departments or offices for review and comment relative to their specialty or concern. The comments and recommendations from the various departments and offices will be collected and compiled by the Building Inspector and the site plan with all comments and recommendations will be presented to the City Council for its consideration.
(2) City Council review. The City Council shall consider the site plan and determine whether it meets the intent of this subchapter. The City Council shall have 45 days after receiving the plan in which to review and either approve or disapprove the site plan as submitted to them.
(C) Building permit procedures. Site plan approval, as granted by the City Council, shall be effective for a period of six months unless otherwise specified at the time of approval. A building permit must be applied for within this period or the site plan is null and void, unless the City Council grants an extension. An extension for additional time, not to exceed an additional six months may be granted at the discretion the City Council upon formal request. A building permit may be issued for construction of the development as exactly shown on the final approved site plan. No changes, alterations or modifications to the approved site plan shall occur unless a final site plan amendment is approved.
(Ord. passed 4-4-2000; Ord. 2006-0921, passed 9-21-2006)
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