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Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any building, or part thereof, for which approvals and required permits have been granted before the enactment of these zoning regulations, the construction of which, in conformance with such plans, shall have been started prior to the effective date hereof and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder’s control.
Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the other in its respective zoning classification, and for the purpose of applying the regulations of these zoning regulations, each portion shall be considered as if in separate and different ownership.
Subject to the limitations of this section, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. Any question of whether a particular use is permitted as a home occupation, as provided herein, shall be determined by the administrative official pursuant to the provisions of these zoning regulations. The regulations of this section are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.
1. Use Limitations. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:
A. Not more than one person who is not a resident on the premises shall be employed or independently contracted to conduct work on the premises unless specifically permitted elsewhere in this chapter.
B. No more than 50 percent, including storage area, of no more than one floor of the dwelling unit, shall be devoted to the home occupation.
C. No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling.
D. No stock of goods shall be displayed or sold on the premises in excess of storage area available as defined in Paragraph B of this subsection.
E. The home occupation shall be conducted entirely within the principal dwelling unit or an approved accessory structure, and in no event shall such use be apparent from any public way.
F. There shall be no outdoor storage of equipment or materials used in the home occupation.
G. Not more than two commercially licensed vehicles used in connection with any home occupation shall be parked on the property.
H. No mechanical, electrical, or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare, or other nuisance outside the residence shall be permitted.
I. No home occupation shall be permitted which is noxious, offensive, or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation, or other harmful, objectionable emissions.
2. Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided, however, each such home occupation shall be subject to the use limitations set out in Subsection 1 of this section.
A. Providing instruction to not more than four students at a time. For private swim lessons, the following provisions shall be observed:
(1) Hours of operation shall be limited to 8:00 a.m. through 5:00 p.m., Monday through Friday, and 10:00 a.m. through 4:00 p.m. on Saturdays and 1:00 p.m. through 4:00 p.m. on Sundays.
(2) In addition to the residents of the premises, no more than three outside employees or independent contractors shall be permitted on the premises at any given time.
B. Office facilities for accountants, architects, brokers, doctors, dentists, engineers, lawyers, insurance agents, and real estate agents.
C. Office facilities for ministers, priests, and rabbis.
D. Office facilities for salespersons, sales representatives, and manufacturer’s representatives when no retail or wholesale sales are made or transacted on the premises.
E. Studio of an artist, photographer, craftsperson, writer, or composer.
F. Homebound employment of a physically, mentally, or emotionally handicapped person who is unable to work away from home by reason of his or her disability.
G. Shop of a beautician, barber, hair stylist, dressmaker, or tailor.
H. Bed and breakfast establishments limited to not more than three guest rooms.
1. Unlicensed Motor Vehicles. Outdoor storage of motor vehicles not currently licensed shall be prohibited in all zoning districts, except motor vehicles held for sale by a licensed motor vehicle dealer at the dealer’s place of business in a zoning district where motor vehicle sales are permitted.
2. Miscellaneous Vehicles, Junk and Debris. No person shall park, place, keep or store, or permit the parking or storage of a stock car, racing car, inoperable vehicle, vehicular component parts, or miscellaneous junk and debris on any public or private property unless it is in a completely enclosed building. This regulation does not apply to legitimate businesses operating in a lawful place and manner; provided, however, such outside areas shall be screened from public view.
On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and 10 feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of intersection of right-of-way lines.
1. Specifications. Notwithstanding other provisions of these zoning regulations, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard; provided, no fence, wall, or hedge shall exceed four feet in height within the building setback area adjacent to any public right-of-way. Six-foot-high fences are allowed only outside front yard building setback areas. (A “front” yard may be along the side or the rear of a home, if adjacent to the street.) Fences, walls, and hedges in any district other than M-1, M-1A and M-2 districts not exceeding six feet in height are permitted within limits of side and rear yards. In M-1, M-1A and M-2 districts, fences, and walls shall not exceed a height of eight feet.
2. Attractiveness of Face of Fence. For all new fences, the face of the fence shall be equally attractive on both sides. However, if one side of the fence is considered less attractive because of structural members, etc., the less desirable side of the fence shall be directed toward the developing property or away from the public right-of-way.
3. Double Frontage Lots. In the case of double frontage lots, the minimum setback on the secondary front yard shall not be less than 10 feet provided no landscaping buffer exists for a fence up to six feet in height. In the case that a landscape buffer exists, the minimum setback shall not be less than the width of the landscape buffer easement with an arterial or collector street forming the rear property line for a fence up to six feet in height.
4. Corner Lots. In the case of fences on corner lots, fences not exceeding six feet in height are permitted in the secondary front yard provided a minimum setback of 15 feet from the property line is maintained.
(Section 165.15 – Ord. 3116 – Jul. 24 Supp.)
Whenever the plat of a land subdivision approved by the City Council and on record in the office of the County Recorder shows a building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in these zoning regulations unless specific yard requirements in these zoning regulations require a greater setback. Building lines shall be measured at the foundation.
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