Section 400.120. Erection and Alteration of Buildings Within Districts. [CC 1984 §42.150]
A. No building shall be erected or altered:
1. To exceed the height;
2. To accommodate or house a greater number of families;
3. To occupy a greater percentage of lot area; or
4. To have a narrower or smaller rear yard, front yard, side yard, inner or outer court, than is specified for the district in which such building is or is to be located.
ARTICLE III
"AG" Agricultural District
Section 400.130. Regulations Applicable Within District. [CC 1984 §42.200]
Within the "AG" Agricultural District, the regulations set out in this Article shall apply.
Section 400.140. Permitted Uses. [CC 1984 §42.210]
A. Permitted uses in the "AG" Agricultural District are as follows:
1. Farms, truck gardens, nurseries, grain storage facilities and other agricultural uses, including the sale and distribution of agricultural products raised on the farm.
2. One-family dwellings; provided, that the dwelling is the only residence on the farm and conforms to the yard area requirements set forth in the "R-1" Single-Family District.
3. Churches and accessory uses, including bulletin boards not exceeding fifty (50) square feet in area and located on the same lot or land as the church and not closer than thirty (30) feet to any public right-of-way.
4. Public school, elementary or high, or private school having a curriculum the same as ordinarily given in a public school.
5. Publicly owned or operated park, playground or other property.
6. Country club or golf course, except a miniature course or driving range for commercial use.
7. Cemeteries; provided, that the approval of the Planning Commission, which may establish reasonable criteria with respect to location and landscaping, is received.
8. Airport and/or landing field; provided, that the approval of the Federal Aviation Agency is received.
Section 400.150. Area and Height Regulations. [CC 1984 §42.220]
A. In District "AG" the minimum dimensions of yards, and the minimum lot area per family permitted on any lot shall be as follows: Exceptions to these regulations are contained in Article IX of this Chapter.
1. Front yards. The front yards for all buildings in this district shall have a minimum depth of fifty (50) feet.
2. Side yards. There shall be a side yard on each side of every building on an interior lot of fifteen (15) feet. A side yard on the street side of a corner lot shall be the same as the requirements on an interior lot.
3. Rear yards. The rear yards in this district shall have a minimum depth of fifty (50) feet. Accessory buildings may be built in the rear yard; provided, that the buildings do not occupy over thirty percent (30%) of the rear yard.
4. Lot area. The minimum lot area in this district shall be twelve thousand (12,000) square feet for one-family dwellings and a sufficient size for any other uses permitted in this district to maintain the minimum yard and off-street parking requirements.
5. Height. The height of all buildings shall not exceed two and one-half (2½) stories except those buildings or structures outlined in Article IX of this Chapter.
Section 400.160. Off-Street Parking. [CC 1984 §42.230]
A. The off-street parking required for uses of land and buildings in this district are as follows:
1. One-family dwellings. Two (2) spaces for each dwelling unit.
2. Churches or temples. Two (2) spaces for each eight (8) seats in the main auditorium.
3. Schools, high schools and colleges. Four (4) spaces for each classroom.
4. Country clubs and golf courses. One (1) space for each five (5) members. Public golf courses shall provide two (2) spaces for each hole on the regular playing course.
5. Community center, library, museum or art gallery. Ten (10) spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.
B. Off-street parking spaces required in this district shall not be permitted within the required front yard unless upon a drive providing access to a required garage, carport or parking area in back of the required front yard.
ARTICLE IV
"R-1" Residential Dwelling District
Section 400.170. Regulations Applicable Within District. [CC 1984 §42.240]
Within the "R-1" One-Family Dwelling District, the regulations set out in this Article shall apply.
Section 400.180. Permitted Uses. [CC 1984 §42.241]
A. Permitted uses in the "R-1" Residential Dwelling District are as follows:
1. One-family dwellings.
2. Churches and accessory uses including bulletin boards not exceeding fifty (50) square feet in area and located on the same lot or land use as the church and not closer than thirty (30) feet to any public right-of-way.
3. Public school, elementary or high, or private school having a curriculum the same as ordinarily given in a public school.
4. Publicly owned or operated park, playground or other property.
5. Country club or golf course, except a miniature course or driving range for commercial use.
6. Cemeteries; provided, that the approval of the Planning Commission is received, which may establish reasonable criteria with respect to location and landscaping.
7. Public or community buildings, museums, libraries or art galleries.
8. Home occupations.
9. Accessory uses or building, including a private garage customarily incidental to the above uses, but not involving the conduct of a business.
10. Private swimming pools appurtenant to a one-family dwelling on the same lot, when they meet yard depth and width requirements for principal buildings in the district and the pool is adequately fenced to prevent access of small children and meets all applicable health and sanitary requirements.
11. Signs appertaining to the sale or lease of the premises or trespassing thereon. All signs appertaining to any advertising are prohibited.
Section 400.190. Area and Height Regulations. [CC 1984 §42.242]
A. In District "R-1" the minimum dimensions of yards, and minimum lot area per family permitted on any lot shall be as follows:
1. Front yards. The front yards for all buildings in this district shall have a minimum depth of thirty-five (35) feet.
2. Side yards. There shall be a side yard on each side of every building on an interior lot of fifteen (15) feet. A side yard on the street side of a corner lot shall be the same as the requirements on an interior lot.
3. Rear yards. The rear yards in this district shall have a minimum depth of forty (40) feet. Accessory buildings may be built in the rear yard; provided, that the buildings do not occupy over thirty percent (30%) of the rear yard.
4. Lot area. The minimum lot area in this district shall be twelve thousand (12,000) square feet for one-family dwellings and a sufficient size for any other uses permitted in this district to maintain the minimum yard and off-street parking requirements.
5. Height. The height of all buildings shall not exceed two and one-half (2½) stories except those buildings or structures outlined in Article IX of this Chapter.
Section 400.200. Off-Street Parking. [CC 1984 §42.243]
A. The off-street parking required for uses of land and buildings in this district are as follows:
1. One-family dwellings. Two (2) spaces for each dwelling unit.
2. Churches or temples. Same as required in "AG" District.
3. Schools, high schools and colleges. Same as required in "AG" District.
4. Country clubs and golf courses. Same as required in "AG" District.
5. Community center, library, museum or art gallery. Ten (10) spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.
B. Off-street parking spaces required in this district shall not be permitted within the required front yard unless upon a drive providing access to a required garage, carport or parking area in back of the required front yard.
ARTICLE V
"R-2" Residential Dwelling District
Section 400.210. Regulations Applicable Within District. [CC 1984 §42.250]
Within the "R-2" Residential Dwelling District, the regulations set out in this Article shall apply.
Section 400.220. Permitted Uses. [CC 1984 §42.260]
A. Permitted uses in the "R-2" Residential Dwelling District are as follows:
1. Any uses permitted in the "R-1" One-Family Dwelling District.
2. Governmental offices and facilities.
Section 400.230. Area and Height Regulations. [CC 1984 §42.270]
A. In District "R-2" the minimum dimensions of yards and minimum lot area per family permitted on any lot shall be as follows: Exceptions to these regulations are contained in Article IX of this Chapter.
1. Front yards. The front yards for all buildings in this district shall have a minimum depth of twenty-five (25) feet.
2. Side yards. There shall be a side yard on each side of every building on an interior lot, except accessory buildings. If accessory buildings are within twenty (20) feet of the principal building then a ten (10) foot side yard shall be required. If accessory buildings are located over twenty (20) feet from the principal building then such accessory building may be built as close to the property line as desired so long as no part thereof extends beyond the property line either at the ground level or at any height above the ground. A side yard on the interior side of a corner lot should be the same as the requirements on interior lots.
3. Rear yards. The rear yard requirements of this district shall be twenty-five (25) feet.
4. Lot area. The minimum lot area in this district shall be seven thousand five hundred (7,500) square feet for one-family dwellings and a sufficient size for any other uses permitted in this district to maintain yard and off-street parking requirements. The minimum lot area for buildings containing more than two (2) dwelling units shall be three thousand five hundred (3,500) square feet per unit.
5. Height. The height of all buildings shall not exceed two and one-half (2½) stories except those buildings or structures outlined in Article IX of this Chapter.
Section 400.240. Off-Street Parking. [CC 1984 §42.280]
The off-street parking required for uses of land and buildings in this district shall be two (2) spaces per dwelling unit. Off-street parking spaces required in this district shall not be permitted within the required front yard unless upon a drive providing access to a required garage, carport or parking area in back of the required front yard.
ARTICLE VI
"C-1" Commercial District
Section 400.250. Regulations Applicable Within District. [CC 1984 §42.300]
Within the "C-1" Commercial District, the regulations set out in this Article shall apply.
Section 400.260. Permitted Uses. [CC 1984 §42.310]
A. Permitted uses in the "C-1" Commercial District are as follows:
1. Residential buildings designed for two (2) residential dwelling units or more.
2. Medical and health care facilities such as doctors' offices, hospitals and other similar facilities.
3. Business establishments such as banks, department stores, drugstores and hardware stores.
4. Service establishments such as filling stations, restaurants, repair shops and funeral homes.
5. Offices such as insurance agents, realtors, finance companies and attorneys.
6. Similar uses to the above so long as no business is conducted outside the confines of an enclosed building with the exception of a filling station and bank drive-in. Specifically excluded are drive-in restaurants, automobile sales and service establishments and drive-in theatres.
7. Signs pertaining to permitted uses. Signs identifying and/or advertising uses of land and buildings in this district may be placed upon the side of a building or projecting from the building or a freestanding sign. Signs may be illuminated; provided, that they do not interfere with the vision of motor vehicle operators or persons on residential property within any "R" District. No signs should be within any public right-of-way, including temporary advertising signs associated with filling stations. The total aggregate area of all signs on a premises should not exceed twice the total frontage of the property. No highway type billboards shall be permitted in this district.
8. Off-street parking areas or garages.
Section 400.270. Area and Height Regulations. [CC 1984 §42.320]
A. In District "C-1", the minimum dimensions of yards, and minimum lot area on any lot shall be as follows. Exceptions to these regulations are contained in Article IX of this Chapter.
1. Front yards. In this district there shall be no front yard required for commercial uses except where parking, drives, signs and canopies are proposed in the front of a building. If a portion of a block between two (2) intersecting streets is partially in any "R" District then the front yard required of any use in this block shall be the same as required in the "R" District. Buildings containing two (2) or more dwellings units shall provide the same front yard as required in the "R-2" District.
2. Side yards. In this district there shall be no side yard required for commercial uses except where a lot in this district adjoins any "R" District, in which case there shall be a side yard required equal to that required in the "R" District. Buildings containing three (3) or more dwelling units shall provide the same side yard as required in the "R-2" District.
3. Rear yards. In this district there shall be a rear yard required of twenty-five (25) feet which shall be kept free of any debris associated with the business.
4. Lot area. In this district there shall be no minimum lot area required for commercial uses. Buildings containing one (1) or more dwelling units should provide the same lot area as required in the "R-2" District.
5. Height. The height of all buildings in this district shall not exceed two and one-half (2½) stories except those buildings or structures outlined in Article IX of this Chapter.
Section 400.280. Off-Street Parking. [CC 1984 §42.330]
Off-street parking shall not be required for any building constructed, converted, enlarged or re-opened after the date upon which this Chapter becomes effective.
ARTICLE VII
"C-2" Commercial District
Section 400.290. Regulations Applicable Within District. [CC 1984 §42.350]
Within the "C-2" Commercial District, the regulations set out in this Article shall apply.
Section 400.300. Permitted Uses. [CC 1984 §42.360]
A. All Commercial District "C-1" uses and all "R-1", "R-2" and the following uses:
1. Commercial recreation facilities such as bowling alleys, recreation centers, swimming pools, skating rinks and miniature golf and driving ranges.
2. Automobile and farm equipment sales and service businesses.
3. Theatres, auditoriums, civic centers and other places of public assembly.
4. Motels and hotels.
5. Drive-in theatres and drive-in restaurants.
Section 400.310. Area and Height Regulations. [CC 1984 §42.370]
A. In District "C-2", the minimum dimensions of yards and minimum lot area on any lot shall be as follows: Exceptions to these regulations are contained in Article IX of this Chapter.
1. Front yards. In this district there shall be a front yard for all permitted buildings and land uses of forty (40) feet.
2. Side yards. In this district there shall be a side yard required for commercial uses of five (5) feet.
3. Rear yards. In this district there shall be a rear yard required for all permitted buildings and land uses of twenty-five (25) feet.
4. Height. The height of all buildings in this district shall not exceed two and one-half (2½) stories except those buildings or structures outlined in Article IX of this Chapter.
Section 400.320. Off-Street Parking. [CC 1984 §42.380]
A. Off-street parking shall be required for every building and land use in this district in accordance with the following:
1. Apartments. Same as required in the "R-2" District.
2. Medical and health facilities. Same as required in the "C-1" District.
3. Business establishments. One (1) space for each commercial vehicle used, four (4) spaces for every one thousand (1,000) square feet of floor area.
4. Service establishments. One (1) space for each commercial vehicle used or one (1) space for every two (2) seats.
5. Offices. One (1) space for every three hundred (300) square feet of floor area.
6. Commercial recreation facilities. One (1) space for every four (4) customers able to be served at a peak period plus one (1) space for every employee and commercial vehicle.
7. Automotive and farm equipment sales and service. One (1) space for each employee and space for all display equipment.
8. Places of public assembly. One (1) space for every four (4) seats at maximum capacity plus one (1) space for every employee.
9. Motels and hotels. One (1) space for each bed for tourist accommodations at maximum capacity.
B. Off-street parking required in this district shall be provided on the same lot as the building or land use. Joint off-street parking facilities could be provided, however, the buildings or land uses must be on adjoining lots. The required off-street parking cannot be combined in the case of joint lots or parking areas.
ARTICLE VIII
"M-1" Manufacturing District
Section 400.330. Regulations Applicable Within District. [CC 1984 §42.400]
Within the "M-1" Manufacturing District, the regulations set out in this Article shall apply.
Section 400.340. Permitted Uses. [CC 1984 §42.410]
A. Permitted uses in the "M-1" Manufacturing District are as follows:
1. Business establishments as previously defined.
2. Service establishments as previously defined.
3. Automobile and farm equipment sales and service.
4. Motels and hotels.
5. Wholesale firms.
6. Storage and warehousing firms.
7. Lumber stores and yards.
8. Contractors' yards.
9. Bulk storage of feed, fertilizer and petroleum products.
10. Trucking terminals.
11. Shops for sheetmetal welding and machining.
12. Manufacturing or processing of goods and/or materials which the Planning Commission after careful review have determined that the proposed use will not:
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.
f. Be in conflict with the future plans for the City.
Section 400.350. Area and Height Regulations. [CC 1984 §42.420]
A. In District "M-1", the minimum dimensions of yards and minimum lot area on any lot shall be as follows: Exceptions to these regulations are contained in Article IX of this Chapter.
1. Front yards. In this district there shall be a required front yard of fifty (50) feet.
2. Side yards. In this district there shall be a required side yard of twenty (20) feet.
3. Rear yards. In this district there shall be a rear yard required of fifty (50) feet.
4. Height. The height of all buildings in this district shall not exceed the height limitations established by the Planning Commission in reviewing the criteria for manufacturing uses. All other uses shall not exceed two and one-half (2½) stories.
Section 400.360. Off-Street Parking. [CC 1984 §42.430]
A. Off-street parking shall be required for every building and land use in this district in accordance with the following:
1. Uses previously permitted. Same as required previously.
2. Permitted uses 5 through 12. Parking and/or storage space for all vehicles used in the conduct of such business plus two (2) spaces for each person regularly employed on the premises.
ARTICLE IX
Height, Yard and Lot Width Modifications and Variations
Section 400.370. Construction of Article. [CC 1984 §42.500]
The district regulations set forth in this Article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
Section 400.380. Height. [CC 1984 §42.510]
The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyor and flag poles. Public or semi-public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet and churches and temples may be erected to a height not exceeding seventy-five (75) feet when the required side yard and rear yard are each increased by one (1) foot for each foot of additional building height above the height regulations for the district in which the building is located.
Section 400.390. Front Yards. [CC 1984 §42.520; Ord. No. 687 §1, 6-18-1996]
A. When thirty percent (30%) or more of the frontage on the same side of the street between two (2) intersecting streets is improved with buildings that have observed a greater or lesser depth of front yard than required by the district in which it is located, no building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the building upon either side of the proposed structure or, if there be buildings upon only one (1) side, then the proposed structure shall observe the same front yard depth as the closet building on that side. Where the street is curved, the line shall follow the curve of the street rather than to be a straight line.
B. On lots having double frontage, the required front yard shall be provided on both streets.
C. Fences may be erected to a height not exceeding four (4) feet along the front yard boundaries of a lot, except that no such fence shall be erected within thirty (30) feet of a street intersection. Fences may be erected to a height not exceeding six (6) feet along the side and rear boundaries of a lot, except that no fence shall be erected with thirty (30) feet of a street intersection.
D. An uncovered porch or paved terrace may project into a required front or rear yard for a distance of not more than ten (10) feet. Porches or terraces that are covered or enclosed are considered a part of the main building.
E. Filling station pumps and pump islands may be located within a required yard; provided, that they are not less than fifty (50) feet from the boundary of any residential district.
Section 400.400. Side Yards. [CC 1984 §42.530]
A. On a corner lot the width of the yard along the side street shall not be less than one-half (½) the required front yard on such street. No accessory building shall project beyond the required yard along either street.
B. An unenclosed porch may project into a required side yard provided it is not less than one-half (½) the required distance from any side lot line.
C. For the purpose of side yard regulations, a two-family or multiple dwelling shall be considered as one (1) building occupying one (1) lot.
D. Where a lot of record at the time of the effective date of this Chapter is less than fifty (50) feet in width, the required side yard may be reduced to ten percent (10%) of the width of the lot.
Section 400.410. Rear Yards. [CC 1984 §42.540]
A. Where a lot abuts on an alley, one-half (½) of the alley width may be considered as part of the required rear yard.
B. Accessory buildings may be built in a required rear yard. Such accessory building shall not be nearer than four (4) feet to any rear lot line or to any alley, nor shall any accessory building occupy more than thirty percent (30%) of the required rear yard. No accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises.
C. The ordinary projection of sills, belt courses, cornices and ornamental features may extend to a distance not to exceed eighteen (18) inches into a required yard.
D. More than one (1) main building may be erected upon a lot in the case of commercial or industrial buildings or of group of row houses, apartment buildings, hospitals, institutions and public buildings, where such uses are permitted, provided that all yards otherwise required on the lot for a single building are observed.
E. Where a lot of record at the time of the effective date of this Chapter has less area than herein required in the district in which it is located, and the owner of such lot does not own adjoining land, the lot may be used for uses permitted in this district, provided yard area and off-street parking requirements are met.
ARTICLE X
Off-Street Parking and Loading Requirements
Section 400.420. Number of Off-Street Parking Spaces Required. [CC 1984 §42.550]
In all districts there shall be provided at the time any building is erected or structurally altered (except as otherwise provided in this Chapter) off-street parking space in accordance with the requirements of the zoning district.
Section 400.430. Computation of Number of Parking Spaces. [CC 1984 §42.560]
A. In computing the number of parking spaces required, the following rules shall govern:
1. "Floor area" shall mean the gross floor area of the specific use.
2. Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.
3. The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature.
4. Whenever a building erected or established after the effective date of this Chapter is enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.
5. Whenever a building existing prior to the effective date of this Chapter is enlarged to the extent of fifty percent (50%) or more in floor area used, such building or use shall then and thereafter comply with the parking requirements set forth herein.
6. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.
Section 400.440. Location of Parking Spaces. [CC 1984 §42.570]
All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required spaces may be located not to exceed three hundred (300) feet therefrom.
ARTICLE XI
Non-Conforming Uses
Section 400.450. Generally. [CC 1984 §42.600]
The lawful use of a building existing at the time of the adoption of this Chapter may be continued, although such use does not conform with the provisions hereof. 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. The foregoing provisions shall also apply to non-conforming uses in districts hereafter changed. Wherever a non-conforming use of a building 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.
Section 400.460. Buildings Damaged by Fire, Explosion, Etc. [CC 1984 §42.610]
No building which has been damaged by fire, explosion, act of God or the public enemy, to the extent of more than sixty-five percent (65%) of its value, shall be restored except in conformity with the regulations of this Chapter.
Section 400.470. Discontinuance of Non-Conforming Use. [CC 1984 §42.620]
In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of one (1) year, the use thereof shall thereafter conform to the regulations of the district in which it is located.
Section 400.480. Required Removal of Discarded Materials on Properties. [CC 1984 §42.630]
Non-conforming uses include discarded goods and materials placed upon property not officially approved for such use and shall be removed within one (1) year from the effective date of this Chapter.
Section 400.490. Record of Non-Conforming Uses on December 7, 1971 as Determinative of Illegal Uses Thereafter — Appeals. [CC 1984 §42.640]
After the effective date of this Chapter it shall be the duty of the Administrative Officer to make a permanent record of all land uses and building uses which do not conform to the provisions of this Chapter. Any land use or building use not made a part of this record shall be considered an illegal use and thus in violation of this Chapter and subject to provisions of Section 400.050. Appeals from this record may be made to the Board of Adjustment as provided in Article XIV of this Chapter.
ARTICLE XII
Permits
Section 400.500. Building Permits. [CC 1984 §42.700]
No building or structure shall be erected, added to or structurally altered until a permit has been issued by the Administrative Officer. Except upon a written order of the Board of Adjustment, no such building permit shall be issued for any building where such construction, addition or alteration, or use thereof would be in violation of any of the provisions of this Chapter.
Section 400.510. Application for Permit — Papers to Accompany Application — Fees. [CC 1984 §42.710]
There shall be submitted with all requests for permits an application fully completed in accordance with the form furnished by the Administrative Officer, and two (2) copies of a layout or plot shall show the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of the provisions of this Chapter. All requests for permits required by this Chapter shall be accompanied by a fee of fifteen dollars ($15.00).
Section 400.520. Conditional Use Permits. [CC 1984 §42.720; Ord. No. 695 §2, 4-21-1997]
A. The division of the City into zoning districts is based upon the principle that similar conditions prevail throughout a particular district. Where a use is not otherwise allowed in a particular district due to the conditions, restrictions or qualifications of the district, other uses may be permitted if authorized pursuant to this Section by obtaining a conditional use permit.
B. No use under the provisions of this Section may be commenced or continued unless there is a valid permit for that use. No construction or other permit applicable to the proposed use or any part of it shall be issued or considered valid unless a conditional use permit has been issued under the provisions of this Section.
1. Application for a conditional use permit shall be made to the Planning and Zoning Commission in the form and with such information as may be required by the Planning and Zoning Commission. The application for a conditional use permit may be filed by any interested party having a right of use of the land seeking such use. The application shall be endorsed with the approval of the owner of the land (if different) and with the approval of any holder of any debt secured by lien and recorded thereon. Such application shall contain, at a minimum, the following information:
a. Names of owners of the land included in the application.
b. An accurate legal description of the land for which such use is sought.
c. Full, specific and particular description of the use sought, both as to function and operation, and as to any structures, installations, equipment, or surface improvement or change incident to such use.
d. A plan or drawing showing the location of such land, and of any structures, installations, equipment or change of surface contemplated, including all public ways, with access thereto.
e. Any person, property owner or other interested parties requesting that a tract or parcel of land, lots or blocks be allowed special use, shall provide the Planning and Zoning Commission with a complete list of the names, addresses and legal descriptions of land of all adjacent and adjoining property owners, within one hundred eighty-five (185) feet of the proposed area to be changed or rezoned. Such list shall be certified as to accuracy by an abstractor, and the costs of such list and certification shall be paid by the requesting person, owner or parties, which shall also include the expense of certified notice to adjacent and adjoining property owners or owner entitled to such notification. The Planning and Zoning Commission and the Board of Aldermen shall have the further right to require the requesting party to provide a scale plat, drawing plat or drawing of the area proposed to be changed and the surrounding area if, in their opinion, the circumstances warrant such change.
2. Each application and accompanying plans shall be filed with the City Clerk with a non-refundable filing fee of fifteen dollars ($15.00).
3. Upon receipt of the completed application and filing fee the City Clerk shall notify in writing by first (1st) class U.S. mail, postage prepaid, the owners of all property located within the area determined by drawing lines parallel to the boundaries of the property to be devoted to the proposed use, and one hundred eighty-five (185) feet from those boundaries. The notice shall include the statement that the application was filed, the nature of the proposed use, the name of the applicant or applicants and the date the application was filed.
4. The Planning and Zoning Commission shall investigate the effect of the granting of the permit upon the neighborhood with special emphasis on traffic and fire hazards, and the general welfare and character of the neighborhood and the community and the criteria hereinafter set forth. The Planning and Zoning Commission shall make a report to the Board of Aldermen within one hundred (100) days of the date of the next regular meeting of the Planning and Zoning Commission following the filing of the completed application with the City Clerk. If no such report is made, the Planning and Zoning Commission shall be deemed to have approved the application, upon the expiration of the one hundred (100) day period; except that the Commission, with the consent of the applicant for approval, may extend the one hundred (100) day period.
5. Upon the receipt of the report of the Planning and Zoning Commission or upon the expiration of the one hundred (100) day period or extensions thereof, the Board of Aldermen shall call a public hearing and give reasonable notice of the time and place of that hearing at least once in a newspaper in general circulation in the City. The first (1st) publication shall be at least fifteen (15) days before the date of the hearing. At the hearing, the applicant and any interested persons shall have an opportunity to be heard.
6. After the hearing held in accordance with the requirements of Subsection (B)(5) of this Section, the Board of Aldermen, in acting upon the application, shall state findings and conclusions on the following matters for the public record:
a. Whether the proposed use is compatible with surrounding uses and with the surrounding neighborhood;
b. Whether the comparative size, floor area and mass of the proposed use and/or proposed structure are appropriate and reasonable in relation to adjacent structures and buildings on surrounding properties and in the surrounding neighborhood;
c. Whether the frequency and duration of various indoor and outdoor activities and special events associated with the proposed use will have a deleterious impact on the surrounding area;
d. Whether streets adjacent to the proposed use have sufficient capacity to service any increased traffic volume associated with the proposed use while maintaining adequate and reasonable levels of service for the community;
e. Whether the number of transit movements on abutting streets and on minor streets in the neighborhood to be generated by or associated with the proposed use will cause significant increases in hourly or daily traffic levels;
f. Whether added noise levels generated by activities associated with the proposed use will adversely impact the ambient noise level of the surrounding area and neighborhood;
g. Whether the activities associated with the proposed use will generate obnoxious odors to the detriment of the surrounding area;
h. Whether the proposed use will significantly increase demands on fire and Police protection services in excess of the individual demands of adjacent land uses and whether the proposed use will present any real or potential fire or public safety hazard;
i. Whether the proposed use will adversely affect the general appearance of the neighborhood due to the location of the proposed use on the parcel of ground, or due to the materials used in the construction of any proposed buildings being greatly dissimilar to surrounding appearances of buildings, or due to the architecture of any proposed buildings being of such a nature as to create visual disharmony within the neighborhood;
j. Whether the intensity, duration or frequency of lighting associated with the proposed use will adversely impact adjacent properties or significantly increase the ambient level of night light in the neighborhood;
k. Whether the landscape plan for the premises to be occupied by the proposed use is adequate in regard to the creation and maintenance of landscaped areas as opposed to areas to be left in a natural state and the use of buffers and screens as opposed to open land areas;
l. Whether the proposed use will adversely affect the neighborhood in terms of water runoff, noise transfer, or heat generation due to a significant amount of hard-surfaced areas for buildings, sidewalks, drives, parking and service areas;
m. Whether the proposed use is likely to remain in existence for a reasonable length of time and not become vacant or unused and whether such use involves the presence of unusual, single-purpose structures or components of a temporary nature;
n. Whether the proposed use constitutes an actual hardship on the owner rather than a mere inconvenience;
o. Whether the plight of the owner caused by his/her inability to use the premises as requested is due to unique circumstances which may not apply to other adjoining or nearby property;
p. Whether the permit if granted, will alter the essential character of the district or reduce property values of nearby property used in conformance with the district's restrictions.
7. If the Board of Aldermen determine that the public health, welfare and safety are adequately served and protected in view of the foregoing criteria then it shall grant the application and the permit shall be issued forthwith, provided however, that the Board may impose such restrictions on the use as are deemed necessary or in the public interest; but if the Board finds in the negative as to any of the stated criteria, the conditional use permit shall be denied. Provided however, that if at least thirty percent (30%) of the persons entitled to notice under the terms of Subsection (B)(3) of this Section, above, protest the granting of such application in a writing filed with the City Clerk no later than one (1) day before the date of the public hearing thereon, such application shall not be granted unless two-thirds (⅔ of all the members of the Board of Aldermen vote in favor of its issuance. If the action be to grant a conditional use permit, the form of the ordinance shall constitute such permit, and shall include the following information:
a. The name of the permittee.
b. The name of the owner of the land as to which such permit is granted.
c. An accurate legal description of the land for which the same is granted.
d. Full, specific and particular description of the use permitted.
e. Statement of the period of time for which such use is permitted, if applicable.
f. Accurate and detailed statement of special conditions and requirements both as to the issuance of such permit, and as to the continuing validity thereof.
Provided further, that any conditional use permit issued in accordance with this Section shall contain the following general conditions:
a. The conditional use permit granted hereby shall not be transferable to any other person or entity and shall not run with the land; in the event the non-conforming use shall fail or cease, this permit shall be terminated.
b. Before construction of the building and appurtenances for the permitted use located on the premises for which the permit is issued, permittee shall submit appropriate architectural and/or engineering plans for review and approval by the City Building Inspector and must secure any necessary building permits.
c. The permit granted hereby shall be subject to revocation for failure to comply with any of the conditions specified therein or upon a finding that the permitted special use will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the operation of the use permitted thereby.
C. A conditional use permit under the provisions of this Section shall expire one (1) year from the date upon which it was issued, unless, before that time:
1. The use so permitted has actually commenced;
2. Actual construction or reconstruction of the proposed facilities for the use has been commenced; or
3. An extension of time shall have been granted by the Board of Aldermen.
The Board of Aldermen may grant such extensions for a maximum total period of one (1) year. No further extensions will be allowed. If such extensions have been granted, the permit shall expire at the conclusion of the extended period if the use so permitted or actual construction or reconstruction of the proposed facilities for the use have not been commenced.
D. Notwithstanding any other provision to the contrary contained in the Zoning Code or any other provision of the City of La Plata Code, the operation of a solid waste transfer station shall not be considered a permitted use in any district within the City limits of the City of La Plata. Solid waste transfer stations shall only be permitted following the issuance of a conditional use permit as provided in this Section and subject to the following special rules with regard to solid waste transfer stations:
1. No solid waste transfer station shall continue in operation unless the operator of that solid waste transfer station files with the City Clerk the name, address and telephone number of the actual owner of the land on which the solid waste transfer station is operated and of the actual owner of the solid waste transfer station itself.
2. Any conditional use permit issued in accordance with this Section for a solid waste transfer station shall contain the following special conditions:
a. All exterior lighting shall be erected and maintained in such a fashion that no artificial lighting shall fall directly on any property or structures located on any premises other than the property for which the permit is granted.
b. Permittee shall file with the City Clerk of the City the name, address and phone number of the person managing or having charge of the facility for which this permit is issued, of the person having supervisory responsibility for the activities of such manager (if different), and any other person(s) such that a responsible person associated with the permittee can be contacted at any time of the day or night on a twenty-four (24) hour basis, in the event that a violation of the conditions of the permit are discovered or if any health hazard in regards to the premises are found. It shall be the responsibility of permittee to notify the City of any changes in the information required hereby; and notices or correspondence from the City relating to this permit or the operation of the solid waste transfer station described in such permit which are addressed to any such person most recently so designated by permittee shall be sufficient notice to permittee.
c. No motor vehicles hauling to or from said solid waste transfer station shall stop, park, stand or wait on any public property, except in cases of emergency. Provided further, that no motor vehicle hauling to or from said solid waste transfer station shall stop, park, stand or wait on any private property within the City limits of the City of La Plata for longer than six (6) hours. It shall be the responsibility of the permittee herein to control and prohibit such stopping, parking, standing or waiting.
d. The premises for which this permit is granted shall at all times be maintained in conformity with the Property Code of the City and shall be kept free of litter and debris; all landscaping shall be maintained in a healthy condition at all times.
e. Permittee shall prevent the motor vehicles hauling solid waste to or from the solid waste transfer station, from discharging solid waste on the premises, on any public street that is the regular route for said haulers, or on private property within three hundred (300) feet of the premises, and if this be done, the permittee shall police and clean such areas.
f. Adequate provision shall be made for the removal of the solid waste as to avoid the creation of a nuisance, the sufferance of any obnoxious, offensive or unhealthy odors, or the presence of any unhealthy or unsanitary conditions on or about the premises; all toxic or hazardous materials or substances must be safely stored at all times and disposed of only in accord with all applicable local, State and Federal laws and regulations. No solid waste, whether in sealed containers or otherwise, shall remain on the premises or on any railroad car under the permittee's control for longer than six (6) hours.
g. Permittee shall not allow any water (other than rainwater) runoff from the solid waste transfer station to flow or blow off its property and if water does so, such steps as the City deems necessary shall be taken by the permittee to correct this situation.
h. No unusual, excessive, disturbing, unnecessary or unreasonably loud noise, which would reasonably disturb the peace and repose of persons located on property adjacent to the premises, other than that for which this permit is granted, shall be allowed.
i. Permittee shall secure all necessary permits, if any, required for operation of a solid waste transfer station from County, State and Federal Governments and shall be responsible for the observance of all County, State and Federal regulations regarding operation of a solid waste transfer station.
j. Permittee shall submit the facility to inspection by employees of the City of La Plata or their designees, to insure conformance of the use with the provisions of the permit and with the provisions of any applicable Federal, State, County law, or any other ordinance of the City of La Plata.
k. Permittee shall post a bond with the City in an amount as determined by the Board of Aldermen so as to protect the City in the event that permittee's use of the premises does not comply with the provisions of this Code and for a period of five (5) years following a discontinuance of the permitted use to insure an adequate clean-up of any nuisance or contamination remaining on the property or discovered during said five (5) years.
l. Permittee shall at all times during the permitted use of the premises, maintain public liability insurance with a reputable insurance carrier as approved by the Board of Aldermen, in an amount as determined by the Board of Aldermen. Permittee shall file with the City Clerk a binder or certificate of insurance confirming that said ordinance is in present effect at all times.
ARTICLE XIII
Certificates of Occupancy
Section 400.530. Generally. [CC 1984 §42.800]
After completion of a building or structure for which a building permit has been issued and all requirements of this Code and other ordinances of the City have been met, a certificate of occupancy shall be issued by the Administrative Officer stating that the building or proposed use thereof complies with the provisions of this Chapter. A record of all certificates shall be kept by the Administrative Officer and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected. A building shall not be used and land use shall not be made until a certificate of occupancy has been obtained from the Administrative Officer.
ARTICLE XIV
Board of Adjustment
Section 400.540. Created — Composition — Appointment and Term of Members — Board Defined. [CC 1984 §42.900]
A Board of Adjustment is hereby established, which shall consist of five (5) members. Members of the Board of Adjustment shall be residents of the City. The word "Board" when used in this Article shall be construed to mean the Board of Adjustment. All members of the Board shall be appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board shall be for five (5) years. The membership of the first (1st) Board appointed shall serve as follows: One (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. Thereafter members shall be appointed for five (5) year terms.
Section 400.550. Meetings, Hearings and Records Generally — Rules of Procedure — Officers of Board. [CC 1984 §42.910]
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All hearings conducted by the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be indicated in the minutes of each case of a requested variation, and the reasons for recommending or denying such variation shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be a public record. The Board shall adopt its own rules of procedure not in conflict with this Chapter or with the Revised Statutes of Missouri in such case made and provided, and may select or appoint such officers as it deems necessary.
Section 400.560. Appeals to Board From Decision of Administrative Officer. [CC 1984 §42.920]
Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the City affected by any decision of the Administrative Officer. Such appeal shall be taken by filing with the Administrative Officer and with the Board a notice of appeal, specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person