[R.O. 2010 §400.120; CC 1970 §33-12; Ord. No. 1305 Art. 4 §2, 4-24-1963; Ord. No. 14-82 §1, 8-24-1982]
A.
A building or premises in an "R-1" District shall be used only for the following purposes:
1.
Single-family dwellings. There shall be no more than one group home or one foster home in any neighborhood in any "R-1" or "R-2" Districts.
2.
Parks, playgrounds and community buildings owned or operated by a public agency.
3.
Public schools, elementary and high and educational institutions having a curriculum the same as ordinarily given in public schools.
4.
A special use permit may be granted for the use of a public school building which is no longer being used as a public school whenever the building and premises on which it is located is more than fifty percent (50%) within an adjoining community, provided such use has been authorized by the adjoining community, and provided, that application for such use shall first be submitted to the Plan Commission for their review and recommendation; provided, further, that the Board of Aldermen shall first hold a public hearing on such application giving at least fifteen (15) days notice thereof in a newspaper of general circulation and by First Class Mail to all property owners within one hundred eighty-five (185) feet thereof. Before issuance of such a permit, the Board of Aldermen must, following the public hearing, determine that such use will not:
a.
Substantially increase traffic hazards or congestion.
b.
Substantially increase fire hazards or be a nuisance to adjoining residential zones by reason of noise, odor or light.
c.
Adversely affect the character of the neighborhood.
d.
Adversely affect the general welfare of the community.
e.
Overtax public facilities or utilities.
The Board of Aldermen must find negatively to all of the above requirements before such a permit may be granted. The Board of Aldermen may make such permit subject to such conditions as it may determine are required to meet the conditions of this Chapter. The permit may be withdrawn or revoked if at any time the user shall fail to comply with the conditions of the permit. This permit shall not be transferable or assignable. Further, any consideration as to granting of such a permit shall be subject to the conditions of Section 400.100. |
5.
Private golf clubs; provided, that no such golf club shall be established nor any existing golf club shall expand its grounds or buildings or parking area without first securing a permit for the same from the Board of Aldermen. Any such application shall first be submitted to the Plan Commission for its recommendation. No permit shall be granted unless a public hearing on such application is held and after such hearing the Board of Aldermen shall determine whether such use will:
a.
Substantially increase traffic hazards or congestion.
b.
Substantially increase fire hazards.
c.
Adversely affect the character of the neighborhood.
d.
Adversely affect the general welfare of the community.
e.
Overtax public utilities.
The Board of Aldermen must find negatively as to an of the above five (5) requirements before such permit is granted. If the board finds affirmatively as to any of the five (5) requirements the permit shall be denied. |
6.
Home occupations.
7.
Accessory buildings which are used for uses customarily incident to the above uses, including a private garage, and including home occupation by special use permit. Any accessory building that is not a part of the main structure shall be located not less than sixty (60) feet from the front lot line.
[Ord. No. 16-19, 9-3-2019]
Before a special use permit is issued to permit any home occupation in an accessory building, the Board of Aldermen may, at its discretion, require that a public hearing be held. Before such special use permit can be issued by the Board of Aldermen, it must first determine that such use will not: |
a.
Substantially increase traffic hazards or congestion;
b.
Substantially increase fire hazard;
c.
Adversely affect the character of the neighborhood;
d.
Adversely affect the general welfare of the community;
e.
Overtax public utilities; or
f.
Be a nuisance to adjoining residential zones by reason of noise, odor or lights.
If the Board's findings be negative as to all such requirements, then such permit shall be granted with such restrictions and conditions as may be necessary to reasonably ensure that the operation of the home occupation for such use will not, in the future, violate the foregoing Subsections (A)(7)(a) to (A)(7)(f), and to ensure that the operation of such business will not create a nuisance or any undue noise, smoke, noxious odors, light or dirt or other conditions that adversely affect the character of the neighborhood, or affect the value and enjoyment of the property owners. |
If the home occupation should at any time after the granting of a permit be operated in a manner to violate any of the terms of this Section or of the permit, the operator of such home occupation shall be given written notice by the City Administrator to discontinue such violations within ten (10) days. If such violations are not discontinued within such time, then the permit to conduct such business shall be rescinded and the City will take such action as to require to force the discontinuance of such home occupation on such premises. |
8.
Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.
9.
Signs not exceeding four (4) square feet in area appertaining to the lease, hire or sale of a building or premises, which boards or signs shall be removed as soon as the premises are leased, hired or sold.