[R.O. 1991 § 405.220; Ord. No. 775 § III, 5-9-1995]
All territory which may be included
within the zoning jurisdiction of the City shall be governed by and
subject to the requirements of Residential District "R-1."
[R.O. 1991 § 405.230; Ord. No. 775 § III, 5-9-1995]
Nothing herein contained shall affect
any plans, construction, or designated use of a building actually
under construction (meaning that a foundation has been completed),
or having been previously constructed, at the time of the effective
date of these regulations (May 9, 1995) and shall only apply to such
building begun after May 9, 1995.
[R.O. 1991 § 405.240; Ord. No. 775 § III, 5-9-1995]
B.
An occupation may be carried on in a residential
structure in Districts "R-2" and "R-3" only when it:
1.
Does not require the use of an accessory
building or yard space or an activity outside the main structure not
normally associated with residential uses.
2.
Does not involve the display of goods
and services.
3.
Does not violate any local, State,
or Federal law or regulation.
4.
Does not generate noise, dust, odor,
or any other nuisance to the neighborhood.
5.
Does not require regular pickups
or deliveries by commercial vehicles over three-fourths (3/4) of a
ton.
C.
Signs for home occupations shall not exceed
four (4) square feet and must be attached to the structure.
[R.O. 1991 § 405.250; Ord. No. 775 § III, 5-9-1995]
On any lot of record in the Residential
District, a one-family structure may be erected even though the lot
be of less area or width than required by the regulations of the residential
area in which the lot is located, provided all other area requirements
are met.
[R.O. 1991 § 405.260; Ord. No. 775 § III, 5-9-1995]
A.
Non-conforming uses of land or non-conforming
uses of structures may be continued if the following are complied
with:
1.
A non-conforming use of land shall
not be changed unless changed to a conforming one.
2.
The area devoted to a non-conforming
use of land cannot be extended beyond the lot area on which located.
3.
A non-conforming use of a structure
may be changed to another use of the same, or more restrictive class,
in the same zoning classification as the original use provided the
Planning and Zoning Commission and Board of Aldermen finds that such
change of use is compatible for the area as the original non-conforming
one.
B.
A non-conforming structure may be enlarged
with the approval of the Planning and Zoning Commission and approval
of the Board of Aldermen, but in no event shall the enlargement of
the structure be in violation of the existing area requirements for
the zoning district in which the district is located.
C.
A non-conforming structure may not be rebuilt
or reestablished if the structure is damaged in excess of two-thirds
(2/3) of its fair market value immediately prior to damage.
D.
When a non-conforming use is a business,
industry, or other enterprise, and such enterprise ceases to function
for one hundred eighty (180) days, the subsequent use must conform
to the requirements of the district in which the property is zoned.
E.
A use lawfully being made of a building
on May 9, 1995, may be continued, although such use does not conform
to the provisions of this Chapter. 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 of a more restricted classification.
Whenever a non-conforming use has been changed to a more restricted
use or to a conforming use, such use shall not thereafter be changed
to a less restricted use.
F.
Whenever the lawful use of a building becomes
non-conforming through a change in this Chapter or change of district
boundaries, such use may be continued; and if no structural alterations
are made, it may be changed to another non-conforming use of the same
or of a more restricted classification.
[R.O. 1991 § 405.270; Ord. No. 840 § I, 8-13-1996]
A.
In addition to the land uses authorized
in this Chapter, other types of land uses may be permitted pursuant
to a permit being obtained from the Mayor and Board of Aldermen, which
may be subject to various restrictions and conditions.
B.
Such additional uses may be requested by
submitting an application to the Planning and Zoning Commission for
investigation, report and a recommendation as to the effect that such
a proposal would have upon traffic in the area, fire hazards, the
character of the neighborhood, and the general welfare of the community.
After receiving a request for an additional use permit, City staff
shall give notice of a public hearing by causing a notice to be published
in the local newspaper of general circulation fifteen (15) days prior
to a hearing held by the Planning and Zoning Commission. Following
the public hearing, the Planning and Zoning Commission will provide
a recommendation to the Mayor and Board of Aldermen as to whether
such an additional use should be permitted.
C.
Upon receiving the recommendation from
the Planning and Zoning Commission, the Mayor and Board of Aldermen
shall provide for another public hearing, and after the hearing the
Mayor and Board of Aldermen shall determine whether the additional
use applied for will substantially increase traffic hazards, congestion,
and increase fire hazards; adversely affect the character of the neighborhood
and the general welfare of the community; or overtax public utilities,
prior to either granting or denying the additional use permit.
