[R.O. 2012 §400.120; CC 1979 §32-13; Ord. No. A-1867 §8, 2-22-1984; Ord. No. 8650, 2-20-2019]
A.
The
following uses may be located in the following districts, as indicated,
by special permission of the Zoning and Planning Commission, after
personal notice to all landowners within eight hundred (800) feet
of the proposed use, followed by a public hearing; provided that,
in their judgment, such use will not seriously injure the appropriate
use of neighboring property and will conform to the general intent
and purpose of this Chapter; provided further, that such uses shall
comply with the height and area regulations of the districts in which
they may be located:
1.
Amusement parks (Districts "C" or "D").
2.
Cemeteries (Districts "C" or "D").
3.
Circuses and carnivals (Districts "C" or "D").
4.
Crematories for the disposal of the human dead (District "D").
5.
Hospitals for the insane or feebleminded, or penal or correctional
institutions (District "D").
6.
Light and power plants (District "D").
7.
Refuse dumps (District "D").
8.
Sewage or garbage disposal plants (District "D").
9.
Stone cutting (District "C").
10.
Stone quarries (District "D").
11.
Slaughter of animals (District "D").
12.
Stockyards and feeding pens (District "D").
13.
Storage in bulk of combustible and hazardous materials; provided,
that there shall be no storage of gasoline and liquid fuel petroleum
and like materials within one hundred fifty (150) feet of any lot
line, unless such storage is surrounded by a dike of sufficient size
and design to contain such hazardous material (D).
[R.O. 2012 §400.130; CC 1979 §32-14; Ord. No. A-1867 §9, 2-22-1984]
The erection, construction or use of any building after August
8, 1961, as an outdoor toilet is forbidden, and every principal building
erected, constructed, moved or altered in any District after such
date shall contain an inside bathroom, including a toilet, which shall
be connected to either the public sewer system of the City or a private
or community septic tank constructed according to the standards of
the Department of Natural Resources and the International Private
Sewage Disposal Code. If a private septic tank shall be used, it shall,
in no case, be of less capacity than five hundred (500) gallons and
shall have attached not less than one hundred fifty (150) feet of
lateral drainage. In District "A", no residence which will use a private
septic tank shall be constructed on a lot smaller than fifteen thousand
(15,000) square feet.
[R.O. 2012 §400.140; CC 1979 §32-15; Ord. No. A-1867 §15, 2-22-1984]
Manufacturing plants in operation in the City on August 8, 1961, regardless of the classification into which the district in which they are located may be placed, shall not be prevented from expanding their plants or buildings onto adjacent property for the purpose of continuing the character of manufacturing in which they are engaged on such date, nor shall they be prevented from making alterations or structural changes necessitated by their business; provided, that the additions, alterations or structural changes meet the requirements as to materials established for District "C". Such manufacturing plants shall not, however, be permitted to change their operation in such a manner as to render them materially more noxious or offensive by reason of vibration, noise or emission of odor, dust, smoke or gas, without becoming liable to the provisions outlined for special classes in Section 400.120.
[R.O. 2012 §400.150; CC 1979 §32-16; Ord. No. A-1867 §11, 2-22-1984]
When plats of new additions are submitted to the City Council
for their approval prior to being accepted by the City, such plats
shall first be submitted to the Zoning and Planning Commission for
approval and a statement that they meet the requirements of this Chapter.
Such plats shall provide lots of such size as to meet the requirements
of the particular Zoning District in which they are located and shall
provide for streets and alleys as required for the particular Zoning
District in which they are located, or if alleys are not provided,
satisfactory utility easements for electric lines, telephone lines,
water mains, gas mains and sewer mains shall be required. Such streets
and alleys shall, if practicable, be extensions and continuations
of streets and alleys in adjoining prior platted additions, but not
more narrow than the streets of which they are continuations. No exceptions
shall be permitted, without approval by six (6) of the eight (8) members
of the Zoning and Planning Commission.
[R.O. 2012 §400.160; CC 1979 §32-17; Ord. No. A-1867 §12, 2-22-1984]
A.
The
lawful use of land existing on August 8, 1961, although such use does
not conform to the provisions of this Chapter, may be continued, but
if such non-conforming use is discontinued, any future use of such
premises shall be in conformity with the provisions of this Chapter.
B.
The
lawful use of a building existing on August 8, 1961, may be continued,
although such use does not conform with the provisions of this Chapter,
and such use may be extended throughout the building; provided, that
no structural alterations, except those required by law or ordinance,
are made therein; provided further, that no extension shall be made,
except by special permit from the Board of Zoning Adjustment in case
of evident hardship. If no structural alterations are made, a non-conforming
use of a building may be changed to another non-conforming use of
the same or more restricted classification.
C.
A non-conforming
use, if changed to a conforming use or more restricted non-conforming
use, may not thereafter be changed back to a less restricted use than
that to which it was changed.
[R.O. 2012 §400.170; CC 1979 §32-18; Ord. No. A-1867 §13, 2-22-1984]
A certificate of occupancy shall be required for all non-conforming
uses. Application for such certificate of occupancy shall be filed
within twelve (12) months from August 8, 1961, accompanied by affidavits
of proof that such non-conforming use was not established in violation
of this Chapter. Subsequent to one (1) year from August 8, 1961, no
use shall be made of any premises for any authorized non-conforming
use in the absence of such certificate. Such certificate shall be
issued by the Board of Adjustment.
[R.O. 2012 §400.180; CC 1979 §32-19; Ord. No. A-1867 §14, 2-22-1984]
A.
Nothing
contained in this Chapter shall require any change in the plans, construction
or designated use of a building, the construction of which shall have
been commenced prior to August 8, 1961, and the completion of which
shall be effected within one (1) year of such date.
B.
Nothing
in this Chapter shall prevent the restoration of a non-conforming
building partly destroyed by fire, explosion, act of God or act of
the public enemy subsequent to August 8, 1961, or prevent continuance
of the use of such building, or part thereof, as such use extended
at the time of such destruction of such building or part thereof,
or prevent a change of such existing use, under the limitations provided
in this Chapter; provided that such building is not destroyed to the
extent of more than seventy-five percent (75%) of the reasonable valuation
thereof. This Chapter shall prevent the restoration of such non-conforming
building so damaged to the extent of more than seventy-five percent
(75%) of the reasonable valuation thereof, the continuance of the
use of such building or part thereof as such use existed at the time
of such damage and a change of such existing use under the limitations
provided by this Chapter.
C.
The
provisions of this Chapter shall not apply to prevent the extension
of any building existing in any district on August 8, 1961, to the
heights which the walls, foundation and framework of such existing
building originally were intended, designed and constructed to carry;
provided, that the actual construction of the extension in height
permitted by this Subsection shall have been duly commenced within
ten (10) years from August 8, 1961.
[R.O. 2012 §400.190; CC 1979 §32-20; Ord. No. A-1867 §1, 2-22-1984; Ord. No. A-7028, 3-30-2001; Ord. No. 8162 §§1 —
2, 11-20-2012]
A.
In
all districts except District "A", First Residential (Single-Family)
District, in connection with every use, sufficient off-street parking
spaces shall be provided to accomplish the principles set forth in
this Section and to meet the parking demands generated by residents,
employees, company officials, company vehicles, and customers. Required
parking spaces shall be located on the lot on which the principal
use is located except as provided in this Section.
B.
Each
application for a building permit, zoning permit or variance shall
include therewith a plot plan, drawn to scale, showing the off-street
parking, loading facilities, and vehicular use areas to be provided
to comply with the requirements of this section. Said plan shall include
appropriate entrances and exits, information as to the location and
dimensions of off-street parking spaces and the means of access to
the spaces. Neither the Zoning Inspector nor the City Council shall
approve any application until it is determined that such plans meet
the requirements of this section.
[Ord. No. 8361 §4, 6-20-2015]
C.
Each
parking space shall contain an area of not less than one hundred eighty
(180) square feet nor be less than nine (9) feet wide by twenty (20)
feet long, measured perpendicularly to the side of the parking space,
exclusive of access and circulation aisles. Areas normally used for
drive-in customer service such as drive-in windows and gas pump service
areas shall not be counted as required parking spaces.
D.
Every
off-street parking and vehicular use area shall be paved with an all-weather
material composed of an asphalt or concrete surface except within
Districts "D" and "LD", crushed stone or gravel may be permitted for
an industrial use unless the property is located adjacent to one of
the following residential districts: "A", "B", "MD" or "MH".
[Ord. No. 8361 §4, 6-20-2015]
E.
Every
multiple dwelling erected, constructed, reconstructed or altered in
District "B" after March 1, 1984, shall provide at least one (1) off-street
parking space for each dwelling unit. Such off-street parking facilities
shall be on the same lot or parcel of land as the building they are
intended to serve.
F.
Any
business or industrial building, hospital, institution or hotel erected,
constructed, reconstructed or altered in any district after March
1, 1984, shall provide adequate off-street facilities for the loading
and unloading of merchandise and goods within or adjacent to the building,
in such a manner as not to obstruct freedom of traffic movement on
the public streets or alleys.
G.
Any
industrial or manufacturing building erected, constructed or reconstructed
after March 1, 1984, shall provide accessible off-street parking for
motor vehicles, at the rate of one (1) parking space for each four
hundred (400) square feet of floor space within the building. Such
parking space shall be on the same lot with the main building, or
within eight hundred (800) feet therefrom, on land zoned for business
or industry.
H.
All
hospitals and all philanthropic, eleemosynary or school buildings
erected, constructed or reconstructed after March 1, 1984, shall provide
off-street parking or garage space at the rate of one (1) parking
space for each five hundred (500) square feet of floor space within
the building. Such parking shall be either on the premises or within
one thousand (1,000) feet of the building.
I.
For
every structure or part thereof erected, converted or structurally
altered after March 1, 1984, to be used as a theater, auditorium,
stadium or other place of public assembly, there shall be provided
and maintained accessible off-street parking space for the storage
of motor vehicles, on the basis of one (1) vehicle for each five (5)
seats of the total audience seating capacity of the building, structure
or part thereof. Such parking shall be located on the same lot with
such building, structure or part thereof, or within five hundred (500)
feet thereof.
J.
When Required Off-Street Parking Facilities Are Provided Elsewhere
Than On The Same Lot Or Parcel Of Land As The Principal Use They Are
Intended To Serve.
1.
They shall be in the same possession, either by deed or long term
lease as the property occupied by such principal use, and proof of
such deed or lease shall be filed on request with the Zoning Inspector
or the City Council. Except private off-street parking lots are not
required for customers of restaurants where both:
2.
The distance between said lot or parcel and the location of the off-street
parking facilities shall be measured between the nearest point of
the off-street parking facilities and the nearest point of the lots
where the principal use is carried on.
K.
Every
warehouse or industrial storage building erected, constructed or reconstructed
shall provide adequate off-street parking at the rate of three (3)
parking spaces for each structure, plus one (1) parking space for
each employee employed therein, or for each eight hundred (800) square
feet of floor space within the building, whichever is greater. Such
off-street parking facilities shall be on the same lot or parcel of
land as the building they are intended to serve.
L.
Every
business or office building erected, constructed or reconstructed
shall provide adequate off-street parking at the rate of one (1) parking
space for each two hundred (200) square feet of floor space within
the building structure. Such parking space shall be on the same lot
with the main building or within two hundred (200) feet thereof.
M.
Every
restaurant, cafe, or tavern building erected, constructed or reconstructed
shall provide adequate off-street parking space at the rate of one
(1) parking space for each three (3) seats of seating capacity of
the building structure or part thereof, or each one hundred (100)
square feet of floor space within the building, whichever is greater.
Such parking shall be located on the same lot with such building structure
or within two hundred (200) feet thereof.
N.
Every
hotel or motel building erected, constructed or reconstructed shall
provide adequate off-street parking space at the rate of one (1) parking
space for each guest room, plus any required for restaurants and assembly
areas. Such off-street parking facilities shall be on the same lot
or parcel of land as the building they are intended to serve.
