(a)
Accessory buildings.
No accessory building shall be
constructed upon a lot until the construction of the main use building
has been actually commenced. No accessory building shall be used unless
the main use building on the lot is also being used.
(b)
Railroad rights-of-way.
On all existing rights-of-way
of railroad companies, regardless of the zoning district in which
such rights-of-way are located, railroad tracks and accessories to
railroad movement may be constructed or maintained.
(c)
House trailers may be permitted in any district except the “R-1”
district.
(2002 Code, sec. 13.71)
(a)
Public, semi-public or public service buildings, hospitals, institutions
or schools, when permitted in a district, may be erected to a height
not exceeding forty (40) feet, and churches and temples may be erected
to a height not exceeding fifty-five (55) feet if the building is
set back from each yard line at least one (1) foot for each two (2)
feet additional height above the height limit otherwise provided in
the district in which the building is located.
(b)
Chimneys, cooling towers, elevator bulkheads, fire towers, grain
elevators, flour mills, monuments, stacks, or scenery lofts, tanks,
water towers, ornamental towers and spired church steeples, radio
or television towers, or necessary mechanical appurtenances, may be
erected to a height in accordance with existing or hereafter adopted
ordinances of the city provided that in the absence of any such ordinance
there shall be no height limitation of these structures.
(2002 Code, sec. 13.72)
(a)
In a district in which commercial or industrial buildings are built
with one or more stories for residential purposes above the commercial
or industrial uses, no side yards will be required for the residential
portions of the building, provided that the part of the building intended
for residential use is not more than two (2) rooms deep from front
to rear.
(b)
No yard or other open space provided about any building for the purposes
of complying with the provisions of these regulations shall again
be used as a yard or an open space for another building. Every part
of a required yard shall be open to the sky and unobstructed by buildings
except for accessory buildings in the rear yard and except the ordinary
projections of skylights, sills, belt courses, cornices, and other
ornamental features which may project into such yards a distance of
not more than two (2) feet.
(c)
Open, unenclosed porches, platforms, or landing places not covered
by a roof or canopy may extend or project into the front yard for
a distance of not exceeding six (6) feet.
(d)
Terraces, uncovered porches, platforms, and ornamental features which
do not extend more than three (3) feet above the floor level of the
ground (first) story may project into a required side yard, provided
these projections be distant at least two (2) feet from the adjacent
side lot line.
(2002 Code, sec. 13.73)
(a)
Where forty (40) percent or more of the frontage on one side of a
street between two intersecting streets is developed with buildings
that have observed (with a variation of five (5) feet or less) a front
yard greater in depth than herein required, new buildings shall not
be erected closer to the street than the front yard so established
by the existing buildings.
(b)
Where forty (40) percent or more of the frontage on one side of a
street between two intersecting streets is developed with buildings
that have not observed a front yard as described above then:
(1)
Where a building is to be erected on a parcel of land that is within
one hundred (100) feet of existing buildings on both sides, the minimum
front yard shall be a line drawn between the two closest front corners
of the adjacent buildings on the two sides, or
(2)
Where a building is to be erected on a parcel of land that is within
one (100) feet of an existing building on one side only such building
may be erected as close to the street as the existing adjacent building.
(c)
In determining such front yard depth, buildings located entirely
on the rear one-half (1/2) of a lot shall not be counted.
(2002 Code, sec. 13.74)
(a)
The minimum width of a side yard of a corner lot in the “R-1”
and “R-2” districts shall be not less than ten (10) feet
provided that if the street side line of a corner lot is in the same
block frontage with a lot or lots, the side yard shall extend to the
average alignment of the buildings along the same side of the street,
unless such buildings are more than twenty-five (25) feet back from
the street line, in which case the side yard need not be more than
twenty-five (25) feet.
(b)
A side yard of not less than twenty-five (25) feet on the side of
the lot adjoining on an “R-1” or “R-2” district
shall be provided for all schools, libraries, churches, community
houses, clubs, and other public or semi-public buildings hereafter
erected or structurally altered.
(c)
Where a lot in the “B” or “I” districts is
not used for residential purposes and abuts upon an “R-1”
or “R-2” district a side yard shall be provided of not
less than five (5) feet.
(d)
Garages detached or attached to the main use building entering on
the side street of a corner lot shall maintain a side yard of twenty
(20) feet in front of the garage.
(e)
House trailers shall be set a minimum of eighteen (18) feet from
any side yard property line.
(2002 Code, sec. 13.75)
(a)
In the “R-1” or “R-2” districts accessory
buildings shall not occupy more than thirty (30) percent of the required
minimum rear yard area. Accessory buildings shall be a minimum of
twelve (12) feet from the main use building. In the “R-1”
and “R-2” districts no accessory building shall be more
than one (1) story in height.
(b)
In computing the depth of a rear yard where such yard opens into
an alley, one-half (1/2) of the width of such alley may be assumed
to be a portion of the required yard.
(2002 Code, sec. 13.76)
On any corner lot on which a front or side yard is required,
no wall, fence, sign, or other structure, or any plant growth shall
be permitted or maintained higher than two (2) feet above the curb
level within fifteen (15) feet of the intersection of the property
lines.
(2002 Code, sec. 13.77)
(a)
Nonconforming use of land.
If any nonconforming use
of land or any portion thereof is discontinued or changed, any future
use of such land shall be in conformity with regulations of the district
in which it lies.
(b)
Nonconforming use of buildings.
A nonconforming building
which is or may hereafter become vacant and which shall remain unoccupied
or its nonconforming use discarded for a continuous period of one
(1) year shall not hereafter be occupied except by a use which conforms
to regulations of the district in which it is located. No existing
nonconforming building may be enlarged, extended, reconstructed or
altered unless its use is changed to a use permitted in the district
in which such building is located except in the event such enlargement,
extension, reconstruction or alteration is required by court decision,
law, or ordinance. No nonconforming building shall be moved in whole
or in part to any other location on the lot unless every portion of
such building is made to conform to all the regulations of the district
in which it is located. A nonconforming building which is damaged
by fire, explosion, flood, wind, earthquake or other calamity or act
of God or the public enemy to the extent of fifty (50) percent or
more of its reasonable value may not be restored except in conformity
with the regulations of the district in which it is located.
(2002 Code, sec. 13.78)
No permit for the erection, alteration, or enlargement of any
building shall be issued by the building inspector unless there first
be filed in his office by the applicant therefor, a plat, drawn to
scale, and in such form as may be prescribed by the said building
inspector, correctly showing the location and actual dimensions of
the lot to be occupied, the dimensions and location on the lot of
the building to be erected, altered or enlarged, together with a true
statement in writing, signed by the applicant, showing the use for
which such building is arranged, intended or designed, and furnishing
such other information as the building inspector may require in the
enforcement of the provisions of this article, and any failure to
comply with the provisions of this article shall be good cause for
the revocation of any such building permit by the building inspector.
A record of such applications and plats shall be kept in the office
of the building inspector.
(2002 Code, sec. 13.79)
(a)
The owner or owners of any tract of land in the city comprising an
area of not less than four and one-half (4-1/2) acres may submit to
the city building inspector a plan for the use and development of
all of the tract of land for residential purposes. The development
plan shall be referred to the city planning commission for study,
public hearing, and report. The commission’s recommendations
and report together with the plans shall be submitted to the city
council within thirty (30) days for consideration and action.
(b)
The recommendations and report by the planning commission shall contain
specific evidence and facts showing whether or not the proposed project
meets the following conditions:
(1)
The property adjacent to the area included in the plan will not be
adversely affected.
(2)
The plan is consistent with the intent and purposes of this article
to promote public health, safety, and general welfare.
(3)
The buildings will be used only for purposes provided for in the “R-1”
and “R-2” districts.
(4)
The average lot area per family contained in the site, exclusive
of the area occupied by streets, will be not less than the lot area
per family required in the district in which the development is located.
If the city council approves the plan, building permits and certificates
of occupancy may be issued even though the use of the land and the
location of the buildings to be erected in the area and the yards
and open spaces contemplated by the plan do not conform in all respects
to the district regulation[s] of the district in which it is located.
(2002 Code, sec. 13.80)
(a)
The owner or owners of any tract of land comprising an area of not
less than two and one-half (2-1/2) acres and not lying within a business
district, may submit a development plan for a neighborhood shopping
center.
(b)
The city planning commission may recommend to the city council that
such plan be approved if the application conforms to the following:
(1)
The uses permitted in the center be limited to those of the “B” Central Business District as listed in section 14.02.201 of this article.
(2)
The entire development be designed as a single architectural unit
with appropriate landscape and architectural treatment of the entire
area.
(3)
That at least four (4) times the gross floor area of the stores included
in the development is provided in off-street parking areas, which
are integral parts of the design of the unit plan.
(4)
That the appropriate use of property adjacent to the area included
in the plan will be fully safeguarded, and to this end the council
may make such requirements as it deems necessary.
(5)
That satisfactory evidence be submitted that the automobile parking
areas and the landscaped areas will be properly constructed and maintained.
(6)
That the plan is consistent with the intent and purposes of the zoning
ordinance to promote the public health, safety, and general welfare.
(2002 Code, sec. 13.81)
(a)
No vacant land shall be occupied or used except for agricultural
uses, until a certificate of occupancy shall have been issued by the
building inspector.
(b)
No premises shall be used and no buildings hereafter erected or structurally
altered shall be used, occupied or changed in use, until a certificate
of occupancy and compliance shall have been issued by the building
inspector.
(c)
Certificates of occupancy and compliance shall be applied for coincident
with the application for a building permit and shall be issued within
ten (10) days after the erection or structural alterations of such
buildings shall have been completed in conformity with the provisions
of these regulations. A record of all certificates shall be kept on
file in the office of the building inspector.
(d)
No permit for excavation for any building shall be issued before
application has been made for certificate of occupancy and compliance.
(e)
A certificate of occupancy shall be required of all nonconforming
uses.
(2002 Code, sec. 13.82)
(a)
The district boundaries are either streets or alleys unless otherwise
shown.
(b)
Where the district boundaries are not otherwise indicated, and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be the lot lines.
(2002 Code, sec. 13.83)
(a)
The city council may from time to time amend, supplement, or change
by ordinance the boundaries of the districts or the regulations herein
established.
(b)
Before taking any action on any proposed amendment, supplement or
change, the city council shall submit the same to the city planning
commission for its recommendation and report.
(c)
A public hearing shall be held by the city council before adopting
any proposed supplement, amendment or change. Notice of such hearing
shall be given by publication one (1) time in the official publication
of the city, stating the time and place of such hearing, which time
shall not be earlier than fifteen (15) days from the first day of
such publication.
(d)
Unless such proposed amendment, supplement or change has been approved
by the city planning commission or if a protest against such amendment,
supplement or change has been filed with the building inspector, duly
signed and acknowledged by the owners of twenty (20) percent or more,
either of the area of the lots included in such proposed change, or
those immediately adjacent in the rear thereof extending two hundred
(200) feet therefrom, or of those directly opposite thereto extending
two hundred (200) feet from the street frontage of such opposite lots,
such amendment, supplement or change shall not become effective except
by a three-fourths (3/4) vote of the city council.
(2002 Code, sec. 13.84)
(a)
It shall be the duty of the building inspector to enforce the provisions
of the zoning ordinance and to refuse to issue any permit for any
building, or for the use of any premises, which would violate any
of the provisions of said ordinance.
(b)
In case any building is erected, constructed, reconstructed, altered,
repaired, or converted or any building or land is used in violation
of this article, the building inspector is authorized and directed
to institute any appropriate action to put an end to any such violation.
Any person or corporation who shall violate any of the provisions
of this article or fail to comply therewith or with any of the requirements
thereof or who shall build or alter any building in violation of any
detailed statement or plan submitted and approved hereunder shall
be guilty of a misdemeanor and shall be liable to a fine of not more
than one hundred dollars ($100.00), and each day such violation shall
be permitted to exist shall constitute as separate offense. The owner
or owners of any building or premises, or part thereof, where anything
in violation of this article shall be placed, or shall exist, and
any architect, engineer, builder, contractor, agent, person or corporation
employed in connection therewith and who may have assisted in the
commission of any such violation shall be guilty of a separate offense
and upon conviction thereof shall be fined as hereinbefore provided.
(2002 Code, sec. 13.85)
In interpreting and applying the provisions of this article,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, prosperity and
general welfare. It is not intended by this article to interfere with
or abrogate or annul any ordinance, rules, regulations, or permits
previously adopted or issued.
(2002 Code, sec. 13.86)
