[R.O. 2011 § 400.290; Ord. No.
1161 § 1, 11-18-2013]
A. Non-Conformity.
1.
A non-conforming lot, land use or structure is one which existed
lawfully on the effective date of this Chapter or any amendment thereto
and which fails to conform to one (1) or more of the applicable regulations
of this Chapter or any amendment thereto. A non-conformity shall not
be deemed to have existed on the date this Chapter or any amendment
thereto becomes effective, unless:
a.
It has been consistently in use after such effective date at
the same level or intensity as of the date of adoption or amendment
of this Chapter; and
b.
If such non-conformity is a use, such use has not been expanded
or abandoned as hereinafter defined.
2.
Such non-conformities may be incompatible with and detrimental
to permitted land uses and structures in the zoning districts in which
they are situated, they inhibit present and future development of
nearby properties, and they confer upon their owners and users a position
of unfair advantage.
B. Statement Of Intent. Non-conformities are not to be expanded, and
they should be abolished or reduced to conformity as quickly as the
fair interest to the parties will permit.
C. General Provisions.
1.
An existing non-conforming land use or structure shall not cause
further departures from the Zoning Ordinance. Although an existing
non-conformity may be continued, except as hereinafter limited, it
may not be changed to another use, unless said use is permitted in
the district in which it is situated, and provided it complies with
the requirements of that district.
2.
The existence of any present non-conformity anywhere in the
City shall not itself be considered grounds for the issuance of a
variance for other property.
3.
Expansion. A non-conforming use of land shall not be enlarged,
extended, or altered and a structure or part thereof devoted to a
non-conforming use shall not be enlarged, extended, constructed, reconstructed,
or structurally altered except:
a.
As may be required by law;
b.
In changing the use to one which is permitted in the district
in which such use is situated; or
c.
To the extent hereinafter permitted.
4.
Density. The number of dwelling units in a non-conforming residential
structure shall not be increased after said structure has become a
non-conforming use.
5.
Ordinary Repair And Maintenance. Nothing in this Chapter shall
be deemed to prohibit the restoration of any structure and its use
where such structure has been destroyed by any means out of the control
of the owner to an extent less than sixty percent (60%) of its replacement
value (excluding the value of the land, the cost of preparation of
land, and the value of any foundation adaptable to a conforming use)
at the time of destruction; provided, however, that the restoration
of such structure and its use in no way increases any former non-conformity,
and provided that the restoration of such structure is begun within
six (6) months of such destruction and diligently prosecuted to completion
within one (1) year following such destruction.
6.
Substantial Repair And Maintenance. If a structure is destroyed by any means out of the control of the owner to an extent of more than sixty percent (60%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Administrative Official, the structure shall not be restored except in full conformity with all the regulations of the district in which such structure is situated. When a structure is determined to violate one (1) or more Code provisions by the proper Administrative Official of Owensville under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed sixty percent (60%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure as provided in Section
400.620 of this Chapter.
7.
An exception to Subsection
(C)(6) above shall be allowed for residential structures within "C-2" Commercial Zoning Districts to be rebuilt or repaired. Such construction shall be commenced within one hundred twenty (120) days of the damaging event. A property owner may make one (1) application for extension to the Board of Aldermen if exigent circumstances exist which prevent the construction or repairs to said residence within the "C-2" Zoning District.
8.
Moving. A non-conforming use of land shall not be moved to another
part of a lot or outside the lot, and a non-conforming use of a structure
shall not be moved to any part of the structure not manifestly arranged
and designated for such use at the time the use became non-conforming.
9.
Change In Use. Where any change is proposed to be made to a use that is permitted by conditional use permit in the district it is located, such change shall be made only through a conditional use permit granted pursuant to the procedure delineated by Section
400.640 of this Chapter.
D. Abandonment Of Non-Conforming Uses.
1.
Any non-conforming use which has been abandoned, as defined
below, shall not thereafter be reestablished. Any structure and/or
land which was formerly devoted to a non-conforming use which has
been abandoned shall not again be devoted to any use other than those
uses which are permitted in the district in which the structure and/or
land is situated.
2.
The term "abandonment," as used herein, shall mean the voluntary
discontinuance of a use when accompanied by intent not to reestablish
such use. Any one (1) of the following shall constitute prima facie
evidence of intent to abandon:
a.
Any positive act indicating such intent;
b.
Any conscious failure to take all necessary steps to resume
the non-conforming use with reasonable dispatch in the circumstances,
including advertising of the property for sale or for lease;
c.
In the event that the non-conforming use of a building or premises
is discontinued for a period of one hundred eighty (180) days or more,
such building or premises shall thereafter be used only in conformity
with the regulations of the district in which it is located.
[R.O. 2011 § 400.300; Ord. No.
1161 § 1, 11-18-2013]
A. This Section sets forth regulations regarding certain uses, buildings
and structures that are accessory to the principal use of the premises
so that they may be carried on with the principal use. An activity
will be considered an accessory use or accessory structure when it
is commonly associated with, integrally related to and is customarily
an incidental part of the main use of the property.
1.
Authorization. Accessory buildings, structures and uses may
be permitted in accordance with this Article in any zoning district
in connection with a use which is permitted within such district.
2.
Development Standards: Residential Uses.
a.
Accessory buildings and structures in any residential district
shall be located ten (10) feet from any side or rear lot line and
behind the residential structure it serves. No accessory use shall
be located within or project beyond the required front yard line,
unless otherwise permitted in this Code.
b.
Accessory buildings and structures in any residential district
shall not occupy more than thirty percent (30%) of the required rear
yard.
c.
No part of any accessory building or structure shall be located
closer than ten (10) feet to any principal building or structure or
other accessory building or structure. When an accessory building
is attached to the principal building by a breezeway, passageway,
or similar means, it shall comply with the yard requirements of the
principal building to which it is an accessory use.
d.
No accessory building or structure in any residential district
shall exceed two (2) stories or twenty-five (25) feet in height. There
shall be not more than two (2) one-story accessory buildings per lot
in any residential district.
e.
In addition to uses customarily associated with single-family
residential dwellings, the following additional accessory uses may
be permitted in the "R-R" Rural Residential District:
(1) Public parks, playgrounds, community centers and
recreation buildings.
(2) Keeping of non-commercial pets, limited to a maximum
of three (3) outdoor weaned dogs and/or cats.
(3) Keeping of the following additional non-commercial
animals and associated limits:
(a) Equine: one (1) per two (2) fenced acres. (Five-acre
lot minimum to qualify.)
(b) Bovine: one (1) per two (2) fenced acres. (Five-acre
lot minimum to qualify.)
(c) Rabbits: ten (10) weaned maximum, contained.
f.
Television, radio and other communication antennas of any type
shall only be located on the ground in the rear yard or, if a type
mounted on a mast or pole, only on the rear of the building or within
ten (10) feet of the rear of the building. Such antenna shall not
project more than three (3) feet above the highest point of the roof
of the building.
g.
All outside woodburning stoves must be located not less than
ten (10) feet from the nearest property line and shall have a chimney
or stack of not less than fifteen (15) feet in height from top of
stove.
h.
Storage of properly registered motor vehicles, utility trailers,
ATVs/UTVs, recreational equipment such as boats, boat trailers, camping
trailers, converted buses or trucks, and farm equipment shall be limited
to private garages. Parking of any such equipment, not being stored
in private garages shall be limited to a maximum of six (6) vehicles,
as described above, per property (cumulatively between on the property
and on the street in front of the property). Stored vehicles or equipment
shall be registered and/or licensed pursuant to local and State laws.
Recreational vehicles or equipment may be parked on the driveway,
and in the side or rear yard, but otherwise shall not be stored within
required off-street parking spaces, encroach onto public property
(including streets) or obstruct any sidewalks, nor be more than eight
(8) feet wide and twenty-five (25) feet long. No recreational vehicle
shall be used for living or sleeping purposes while stored on the
premises. Utility trailers that are used by a property's occupant
in connection with that person's occupation are exempt from the requirements
of this Subsection, and may be parked on the street.
[Ord. No. 1373, 11-1-2021]
At no time shall any licensed commercial motor vehicle (weighing
more than twenty-four thousand (24,000) pounds gross weight) be parked
on said property in a residential area.
|
i.
Residential accessory structures shall not be rented or occupied
for financial consideration.
j.
Playhouses, patios, cabanas, porches, gazebos and incidental
storage buildings in a residential district shall not cover more than
five percent (5%) of the total lot area.
k.
Home occupations shall be permitted pursuant to Section
400.310.
l.
Equipment related to the collection or storage of solar or wind energy that are mounted to a principal structure shall be considered an accessory use in all residential districts permitted via conditional use permit pursuant to the procedures and requirements of Section
400.640.
m.
Accessory structures and uses shall otherwise comply with the
development standards applicable to the zoning district in which they
are located.
3.
Development Standards: Non-Residential Uses.
a.
No building or structure accessory to any non-residential use
shall occupy in the aggregate more than forty percent (40%) of the
total lot area or more than forty percent (40%) of the primary use's
floor area.
b.
No part of any accessory building or structure shall be located
closer than ten (10) feet to any principal building or structure or
other accessory building or structure. When an accessory building
is attached to the principal building by a breezeway, passageway,
or similar means, it shall comply with the yard requirements of the
principal building to which it is an accessory use.
c.
No accessory building or structure in any non-residential district
shall exceed twenty (20) feet in height.
d.
Non-residential accessory structures shall be used only by the
owner or tenant of the premises or the owner's or tenants' employees.
e.
Equipment related to the collection or storage of solar or wind
energy that are mounted to a principal structure shall be considered
a permitted accessory use in all non-residential districts requiring
approval of the Administrative Official and a valid building permit.
f.
Accessory structures and uses shall otherwise comply with the
development standards applicable to the zoning district in which they
are located.
4.
Time Of Construction. No accessory building or structure shall
be constructed or located on any lot prior to construction of the
principal building to which it is accessory.
5.
Temporary Accessory Buildings. Temporary accessory buildings,
including temporary storage structures which are to be used for storage
purposes only, may be erected upon a lot prior to the construction
of the main building and shall be removed upon the completion of the
construction or upon abandonment of the construction.
6.
Review And Appeals. All accessory buildings and structures shall
be approved by the Administrative Official and require a building
permit, unless said permit is waived by the Administrative Official.
Appeals from any decision of the Administrative Official shall be
heard by the Board of Adjustment.
[R.O. 2011 § 400.310; Ord. No.
1161 § 1, 11-18-2013]
A. Authorization. A home occupation that is an accessory use to a single-family
residence shall be permitted in all single-family residential districts.
B. Purpose. Home occupations shall be regulated so as to:
1.
Ensure the compatibility of home occupations with all uses permitted
in the "R-R," "R-1," "R-1A," and "R-2" Districts.
2.
Promote the health, safety and general welfare of residential
neighborhoods by preventing excessive noise, traffic, nuisances, fire
hazards and other adverse effects of unregulated home occupations.
3.
Establish standards for occupations in residential units.
C. Use Limitations. No home occupation shall be allowed where a likelihood
exists that it will negatively impact, interfere or conflict with
the character, peace, good order and safety of the neighborhood in
which it is located. In addition, to any other use limitations applicable
to the district in which the home occupation is located, no home occupation
shall be permitted unless it complies with the following provisions:
1.
A home occupation shall be entirely contained within a residence,
and no more than twenty-five percent (25%) of the combined finished
floor area shall be utilized for a home occupation. A home occupation
shall not be conducted in an accessory structure or building.
2.
Home occupations shall comply with all local, County, State
and Federal regulations and the requirements of this Section.
3.
A home occupation shall be conducted only by persons lawfully
residing within the residence.
4.
No visible evidence of the business shall be apparent from the
street or the surrounding area nor shall any alteration of the exterior
of the principal residential structure be made which changes the character
thereof as a dwelling.
5.
All materials or equipment used in the home occupation shall
be stored within an enclosed structure.
6.
No parking in the public rights-of-way shall result from the
home occupation.
7.
No equipment or process shall be utilized in a home occupation
that creates nuisance due to noise, vibration, glare, fumes, odor,
emissions or electrical interference that is detrimental to the health,
safety, peace, comfort and general welfare of persons in the City
of Owensville.
8.
Except as otherwise permitted by law, no advertising, identification
or business exterior displays or signs associated with a home occupation
shall be permitted.
9.
There shall be no goods, materials or commodities sold or services
rendered that require delivery of merchandise, goods, or equipment
by other than a passenger motor vehicle or parcel or letter carrier
mail service using vehicles typically employed in residential deliveries.
10.
No traffic shall be generated by the activity of the home occupation
that is abnormal to a residential neighborhood.
D. Conditional Use Permit. A home occupation that does not comply with these provisions shall not be operated without first being issued a conditional use permit in accordance with the procedures set forth in Section
400.640.
[R.O. 2011 § 400.320; Ord. No.
1161 § 1, 11-18-2013; Ord. No. 1197 §§ 1 —
2, 12-15-2014]
A. General Rules.
1.
No fence shall be constructed or erected within the public right-of-way
of any public street or alley.
2.
No fence shall be constructed or erected which would restrict
the views from normal traffic flow areas or which would present a
hazard to the public safety and welfare.
3.
All fences shall be located entirely upon the property of the
owner constructing such fence and may be constructed on the property
line, except as provided herein.
4.
It shall be the responsibility of the property owner to ensure
that a fence does not block or obstruct the flow of stormwater.
5.
Except as otherwise permitted by law, advertisements are prohibited
from being affixed to or displayed on any fence.
6.
Fences charged with, or designed to be charged with, electric
current are prohibited.
B. General Fence Regulations By Zoning Classification.
1.
Agricultural Zones.
a.
Fences shall be composed of masonry, wood, vinyl, chain-link,
or ornamental material except as provided herein. Barbed wire, smooth
wire, woven wire, and pipe materials may be used to contain livestock
at the discretion of the Building Official.
b.
No fence used for containing livestock shall be constructed
within fifteen (15) feet of a public roadway, and it shall be constructed
no higher than six (6) feet above the surrounding grade.
2.
Residential Zones.
a.
Fences constructed of masonry, vinyl, or wood shall be constructed
no higher than six (6) feet above the surrounding grade in the rear
yard and side yard. Chain-link fences shall be constructed no higher
than four (4) feet above the surrounding grade in the rear yard and
side yard.
b.
All fences erected in the front yard shall be subject to all
setback requirements and shall be constructed no higher than four
(4) feet above the surrounding grade regardless of material and may
not exceed fifty percent (50%) opacity.
c.
Fences shall be composed of masonry, wood, vinyl, chain-link,
or ornamental material except as provided herein.
3.
Mobile Home Zones.
a.
No fence shall be constructed on any individual sites of less
than eight thousand (8,000) square feet.
b.
All fences shall be subject to all setback requirements and
shall be constructed no higher than four (4) feet above the surrounding
grade.
c.
Fences shall be composed of masonry, wood, vinyl, chain-link,
or ornamental material except as provided herein.
4.
Commercial And Old Town Zones.
a.
No property or business owner shall erect or maintain a fence
between the front building line and the public roadway. On corner
lots, no property or business owner shall erect or maintain a fence
between the front building line and the public roadway on all sides
which front a public roadway.
b.
Fences surrounding material storage areas are encouraged and
shall be constructed no less than six (6) feet above the surrounding
grade.
c.
Fences shall be constructed no higher than eight (8) feet above
the surrounding grade.
d.
Fences shall be composed of masonry, wood, vinyl, chain-link,
or ornamental material except as provided herein.
5.
Industrial Zones.
a.
No property or business owner shall erect or maintain a fence
between the front building line and the public roadway. On corner
lots, no property or business owner shall erect or maintain a fence
between the front building line and the public roadway on all sides
which front a public roadway.
b.
Fences shall be constructed no higher than eight (8) feet above
the surrounding grade.
c.
Fences shall be composed of masonry, wood, vinyl, chain-link,
or ornamental material except as provided herein.
C. Permit.
1.
A fence permit is required prior to the erection or modification
of any fence within the City limits. If a permit is not acquired prior
to the erection or modification of a fence, an order to cease work
or remove the fence, at the owner's expense, may be issued.
2.
The cost of such permit shall be established by the Flat Rate Fee Schedule found in Section
500.140, and payment shall be accompanied by a sketch or diagram of the proposed fence, a location survey/map, and the type of fence material to be used.
D. Maintenance.
1.
It shall be the responsibility of the property owner to maintain
all fences on the property. This may include repairing, painting,
rehabilitating, or any other such maintenance as necessary.
2.
If it is determined that the fence has become a nuisance to
the public health, safety, or welfare, it shall be the responsibility
of the property owner to remove the fence.
E. Manner Of Construction.
1.
All fences shall be constructed so that horizontal and vertical
supports are interior to the lot and are hidden from both neighbors
and public view.
2.
Fences must be straight and run parallel to the lot line(s).
F. Special Fences.
1.
Any special fences which exceed these requirements shall be
subject to review and approval by the Building Official and/or the
Planning and Zoning Commission. Initial review shall be conducted
by the Building Official, and the plans may be presented to the Planning
and Zoning Commission for further direction and discussion at his/her
discretion.
2.
Special fences may include those used to enclose buildings,
vehicles, or materials, fences used in conjunction with institutions,
parks, playgrounds, schools, pools, or other public uses, and other
special fences not specifically listed herein.
[R.O. 2011 § 400.330; Ord. No.
1161 § 1, 11-18-2013]
A. Transition Buffer: Commercial And Industrial. Except in the City's
downtown districts ("OTC" and "OT"), when the rear or side yard of
a lot being used for business or industrial purposes abuts any residential
zone or a lot being used for residential purposes, a twenty-five-foot
landscaped buffer area shall be established and maintained along all
rear and side property lines in common with the non-residential use
or lot. The buffer area shall contain evergreen plant material, as
specified by the Code Enforcement Officer or other designated official,
with a minimum height of eight (8) feet, planted on six-foot centers.
A chain link fence six (6) feet in height with wood privacy slats
may be provided and maintained along the rear and side property lines,
unless otherwise specified by the Board of Aldermen.
B. Transition Buffer: Multifamily. When the rear or side yard of a lot
being used for multifamily purposes abuts any residential zone or
a lot being used for residential purposes, a twenty-foot landscaped
buffer area shall be established and maintained along all rear and
side property lines in common with the non-residential use or lot.
The buffer area shall contain evergreen plant material, as specified
by the Code Enforcement Officer or other designated official, with
a minimum height of eight (8) feet, planted on six-foot centers. A
chain link fence six (6) feet in height with wood privacy slats may
be provided and maintained along the rear and side property lines,
unless otherwise specified by the Board of Aldermen.
C. Street Trees. In all industrial and commercial districts, except
in the downtown, a planting strip of ten (10) feet shall be established
and maintained within the required front yard. A minimum ratio of
one (1) three-inch-caliper shade tree or three (3) two-inch-caliper
grouped ornamentals, as specified by the Code Enforcement Officer,
shall be planted within the ten-foot-wide planting strip for each
fifty (50) feet of linear front footage. These standards are minimum
requirements. Additional understory shrubs or ground cover material
is encouraged.
[R.O. 2011 § 400.340; Ord. No.
1161 § 1, 11-18-2013]
A. Front Porches. An open, unenclosed, uncovered porch, not to be above
the first-floor level or paved terrace, may project into a front yard
for a distance not exceeding ten (10) feet, and shall be at least
two (2) feet from the adjacent lot line.
B. Corner Lots. Where a lot is located at the intersection of two (2)
or more streets, there shall be a front yard on each street side of
a corner lot, except that the buildable width of such lot shall not
be reduced to less than thirty (30) feet. No accessory building shall
project beyond the front yard line on either street.
C. Double Frontage Lots. Where lots have a double frontage, the required
front yard shall be provided on both streets.
D. Side Yards. For the purpose of the side yard regulations, a two-family
or multiple-family dwelling shall be considered as one (1) building
occupying one (1) lot.
E. Whenever a lot of record has a width of less than eighty (80) feet,
the side yard on each side of a building may be reduced to a width
of not less than ten percent (10%) of the width of the lot, but in
no instance shall it be less than five (5) feet.
F. All Yards. The ordinary projection of ornamental features, chimneys
and flues may project eighteen (18) inches into a required yard.
G. Sight Distance Triangle. No structure or planting exceeding thirty-six
(36) inches in height that would impede drivers' vision shall be erected
or installed within the triangular area of a corner lot bound by the
front property lines and a line connecting the two (2) points on the
property lines thirty (30) feet from the intersection of the property
lines. The Administrative Official may establish more restrictive
sight triangles based upon standards in the policy manual published
by the American Association of State Highway and Transportation Officials
(AASHTO) or when the Administrative Official reasonably believes safety
so requires more restrictive sight triangles and such restriction
is approved by the Board of Aldermen.
H. Height Exceptions.
1.
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments,
stacks, stage towers or scenery lofts, tanks, water towers, ornamental
towers and spires, church steeples, radio or television towers or
necessary mechanical appurtenances may be erected to a height of ninety
(90) feet, except as otherwise permitted by law.
2.
Public, semi-public or public service buildings, hospitals,
institutions or schools, when permitted in a district, may be erected
to a height not exceeding sixty (60) feet, and churches, temples,
and other buildings for religious service may be erected to a height
not to exceed seventy-five (75) feet, if the building is set back
from each yard line at least one (1) foot for each foot of additional
building height above the height limit otherwise provided in the district
in which the building is located.
I. Lots Not Served By Public Utilities. Where a lot is not served by
either a public water supply or a public or community sewer, it shall
have an area of not less than twenty thousand (20,000) square feet
and a width of at least one hundred (100) feet; where a lot is served
by a public water supply but not by a public or community sewer, it
shall have an area of not less than twelve thousand (12,000) square
feet and a width of at least eighty (80) feet.
[R.O. 2011 § 400.350; Ord. No.
1161 § 1, 11-18-2013]
A. Requirements And Procedures. The Administrative Official is authorized
to issue a permit for the operation or conducting of an amusement
activity on a temporary basis within any zoning district. The Administrative
Official shall review all such requests and may require a report to
be submitted by health officials with respect to any public health
aspect of the proposal and by the Chief of Police with respect to
any traffic or public safety aspect of the proposal, if appropriate.
The Administrative Official may defer to the Board of Aldermen for
final approval for any such request. The permit shall be issued for
a specified period of time not exceeding ten (10) days, unless otherwise
provided hereafter or within the permit itself. The permit shall contain
such conditions as are necessary for protection of public health,
safety, and traffic, and the Administrative Official may require such
assurance or guarantee of compliance with conditions as is reasonable
and appropriate under the circumstances. This permit is in addition
to any building permit, air pollution device, construction or operating
permit, conditional use permit or other permit or license required
by law for any proposed activity or facility. No more than two (2)
temporary amusement activity permits shall be issued in any calendar
year with regard to any particular property; provided, however, that
this limitation with respect to the number of temporary amusement
activity permits shall not apply to public property, nor to property
not held for private or corporate profit and used exclusively for
religious worship, schools and colleges, for purposes purely charitable,
or for agricultural and horticultural societies.
B. The following temporary uses may be allowed on a lot for which the
vendor has a property interest upon approval of a temporary or special
use permit:
1.
Amusement Activity. For the purpose of this Subsection, "amusement
activity" includes a circus, carnival, fair, turkey shoot, art display,
trade or animal show, concert, dance, rally, parade, athletic competition,
and any similar activity not involving the erection of any permanent
structure or facility.
2.
Christmas Tree Sales. Christmas tree sales in any business or
industrial district for a period not to exceed sixty (60) days. Display
of Christmas trees need not comply with the yard and setback requirements
of these regulations, provided that no trees shall be displayed within
thirty (30) feet of the intersection of the curb line of any two (2)
streets.
3.
Contractor's Office. Contractor's office and equipment sheds
(containing no sleeping or cooking accommodations) accessory to a
construction project and to continue only during the duration of such
project.
4.
Real Estate Office. Real estate office (containing no sleeping
or cooking accommodations unless located in a model dwelling unit)
incidental to a new housing development to continue only until the
sale or lease of all dwelling units in the development.
5.
Seasonal Sales. Seasonal sale of farm produce in any commercial
or industrial district for a period not to exceed ninety (90) days
and as approved by the Administrative Official.
6.
Garage, Yard Or Porch Sales. The sale of used or secondhand
merchandise shall be permitted in any residential district, providing
that such use shall not exceed one (1) day in duration, nor occur
more than four (4) times, excluding City-wide sales, during a twelve-month
period at one (1) residence.
C. Special Events. All other special events not fully satisfying the
criteria of this Chapter may be granted a special event permit only
by the Board of Aldermen after review and report by the Administrative
Official. This permit may be granted, denied, or made subject to conditions
that the Board of Aldermen may deem reasonably necessary to protect
the public health, safety, and general welfare. The Board of Aldermen
shall review the application based on the intent of this Chapter and
the appropriateness of the event in light of the standards set forth
herein.
D. Appeals. Appeals from decisions of the Administrative Official concerning
special event permits shall be appealed to the Board of Aldermen.
[R.O. 2011 § 400.360; Ord. No.
1161 § 1, 11-18-2013]
A. In order to protect the integrity of the City's housing stock and
to protect the public from hazards inherent in overcrowding in residential
property, it shall be unlawful for any person to alter or cause to
be altered any existing structure or portion thereof to increase the
number of dwelling units on any parcel of land except as follows:
1.
Residential Infill. Residential structures may be redeveloped or replaced, subject to the following additional regulations and approval of a conditional use permit pursuant to Section
400.640:
a.
Elevations for any reconstructed dwelling or new replacement
dwelling shall be approved by the Planning and Zoning Commission and
meet all required Building Code requirements.
b.
The Board of Aldermen may waive the required height and setback
requirements; however, the development should be consistent with the
surrounding residential development.
c.
The Board of Aldermen may waive the minimum lot size and density
requirements, provided the proposed lot size(s) and density does not
exceed one hundred fifty percent (150%) of the average surrounding
residential development.
d.
If not specifically waived or substituted in the ordinance authorizing
a conditional use permit, all provisions of the underlying zoning
and development regulations shall apply.
2.
Residential Conversions. Residential structures located in a commercial district may be converted to a commercial use subject to the following additional regulations and approval of a conditional use permit pursuant to Section
400.640:
a.
No alterations shall be made to the building exterior except
for those required to bring the building into compliance with accessibility
standards.
b.
Off-street parking shall be restricted to the rear of the building
and comply with the requirements of this Code.
c.
Only one (1) accessory structure shall be permitted on the property
and shall be used for storage purposes only.
d.
No exterior storage, placement of materials or display of goods
shall be permitted; and
e.
Signage shall comply with Article
V.