(a)   Short Title. This article shall be known and may be cited as the “Girard Zoning Regulations.”

(b)   Purpose. In order to promote the health, safety, morals, comfort and general welfare, to conserve and protect property and property values; to secure proper use of land, to facilitate adequate and economical public improvements and services; to lessen or avoid congestion on the public streets; to make those studies and plans for the development of the region that will guide the unified development of the area, that will eliminate planning duplication and promote economy and efficiency in the coordinated development of the area and the general welfare and prosperity of its people; the regulations and zones in this title are imposed on all incorporated area, as designated by the zoning map of the City of Girard.

(c)   Land and Building Use: Nonconforming Building Occupancy.

(1)   Except as provided, it is unlawful to use any land or building for any purpose other than is permitted in the district in which such land or building is located. The lawful use of land or buildings existing on April 30, 1968, although such does not conform to the regulations, may be continued. A nonconforming building, structure or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of six months shall not thereafter be occupied except by the uses which conform to the use regulations of the district in which it is located.

(2)   The reoccupation of a nonconforming building, structure or portion thereof for a period of less than two weeks shall not change its status of vacancy nor shall the maintenance of stock and fixtures in an unoccupied nonconforming use be considered in operation but shall be deemed vacant and subject to the regulations as stated in this section.

(d)   Land and Building Use: District Regulations: Conformance Required. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located.

(e)   Building Erection and Alteration. No building shall hereafter be erected or altered:

(1)   To exceed the height;

(2)   To accommodate or house a greater number of facilities;

(3)   To occupy a greater percentage of lot area; or

(4)   To have narrower or smaller rear yards, front yards, side yards, inner or outer courts, than is specified therein for the district in which such building is located.

(f)   Yards and Open Space: Joint Use. No part of a yard or other open space required about any building for the purpose of complying with the provisions of this title shall be included as a part of a yard or other open space similarly required for another building.

(Ord. 808, Secs. 1(A):1(B); 1(F); 2(A):2(C))

(a)   Accessory Building. A detached subordinate building, located on the same lot with the main building, the use of which is incidental to the main building or to the main use of the premises.

(b)   Accessory Use. Any use which is incidental to and subordinate to the main use of the premises.

(c)   Agricultural Uses. The growing of crops in the open and the raising of such stock and poultry as are incidental to the acreage farmed. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall riding academies, livery or boarding stables or dog kennels be so considered.

(d)   Alley. A public thoroughfare which affords only a secondary means of access to abutting property.

(e)   Apartment. A room or suite of rooms in a multiple dwelling or where more than one living unit is established in any building, intended, designed, used or suitable for use by one or more persons as a place of residence with culinary accommodations.

(f)   Apartment House. A building or portion thereof intended, designed, used or suitable for use as a residence for three or more families living in separate apartments.

(g)   Basement. A story partly or wholly underground but having less than one-half of its height below the average level of the adjoining ground.

(h)   Boarding House. A building or place, other than a hotel, where by prearrangement and for compensation, lodging and meals for a definite period are provided for three or more persons; and such accommodations are not furnished to transient or overnight customers.

(i)    Board of Zoning Appeals. The board of zoning appeals shall have the same purpose and powers as the zoning board of appeals as established by the Kansas Statutes, specifically K.S.A 12-714 and 12-715.

(j)    Building. A structure having a roof supported by columns or walls, intended, designed, used or suitable for use for the support, enclosure, shelter or protection of persons, animals, or property; and when separated by fire walls each portion of such structure so separated shall be deemed a separate building.

(k)   Building Height. The vertical distance from the “grade” to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridge of gable, hip, curved and gambrel roofs.

(l)    Chairperson of City Planning Commission. The person duly elected chairperson as provided by law.

(m)  City Planning Commission. As referred to in this title, shall have the same powers and duties as established in the Kansas Statutes, specifically K.S.A. 12-704.

(n)   District. A section or sections of the city specifically declared within which the regulations governing the use of buildings and premises are uniform.

(o)   Drive-In Service. A type of retail sales which encourages, recognizes or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicles at a particular place, intended to result in a cash sale and delivery outside of the place of business to such patrons or customers of food or beverages ready and intended for immediate human consumption without cooking or further preparation.

(p)   Dump. A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

(q)   Dwelling. Any building or portion thereof which is designed or used primarily for residential purposes.

(r)    Dwelling, Multiple Family. A building or portion thereof designed with accommodations for or occupied by three or more families living independently of each other who may or may not have joint services or facilities or both. The term includes dormitories and lodging and rooming houses but does not include hotels, motels and tourist courts.

(s)   Dwelling Single Family. A detached building or portion thereof designed for or occupied exclusively by one family.

(t)    Dwelling, Two Family. A building or semi-detached building or portion thereof designed or occupied exclusively by two families living independently of each other.

(u)   Family. An individual, or two or more persons related by blood or marriage, or a group of not more than four persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

(v)   Feed Lot - Commercial. A livestock feed lot, or feed yard, having a capacity for the dry lot feeding of 25 head or more of livestock at one time.

(w)  Filling Station or Service Station. Any building or premises used solely or principally for the storage, dispensing, sale or offering for sale at retail of any automotive fuels, or lubricants and accessories. If such dispensing, sale or offering for sale is incident to the conduct of a public garage, the premises will be classified as a public garage.

(x)   Garage, Private. Any accessory building designed or used only for the housing and storage of not more than three automobiles which are the property of, or provided for, the exclusive use of the occupants of the lot or premises upon which such building is located and having no provisions for the repairing or equipping of such vehicles. Not more than one of the vehicles may be a truck or commercial vehicle or not to exceed three tons capacity as rated by the manufacturers.

(y)   Garage, Public. Any building, portion of a building or premises designed, operated or used for commercial purposes in the storage, sale, hiring, care or repair of motor vehicles.

(z)   Governing Body. The city council of Girard, Kansas.

(aa) Group or Row Houses. Any building or portion thereof designed or used for three or more, but not exceeding five single family accommodation units separated by walls without openings, or are semi-attached by roof structure or separated only by carports.

(bb) Home Occupation. Any occupation, profession or craft which is clearly incidental to the use of the premises in which it is located as a dwelling place and shall not occupy more than 20% of the net floor area of the dwelling unit.

(cc) Hotel. Any building or portion thereof having a common entrance, lobby halls, stairs and elevators, which is designed or used to offer for hire by the general public rooms for temporary lodging of transient guests and in which no provisions are made for cooking in the individual rooms or apartments.

(dd) House Trailer. See Mobile Home.

(ee) Junkyard. A lot, land or structure or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

(ff)  Kennel. Any place where four or more dogs over six months of age are boarded, bred and offered for sale.

(gg) Livestock. The term livestock shall mean cattle, swine, sheep and horses.

(hh) Lot. Any parcel of land occupied or intended for occupancy by one main building together with the accessory buildings and customary use incident thereto, including the open space required by this article. Such parcel of land need not be platted or coincide with platted lines.

(ii)   Lot Area. The total horizontal area within the lot lines of a lot.

(jj)   Lot, Corner or External. A lot abutting upon two or more streets at their intersection and shall be deemed to front on that street on which the lot has its least dimension.

(kk) Lot, Depth of. A horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.

(ll)   Lot, Double Frontage. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

(mm)        Lot, Internal. Any lot which does not constitute a corner or external lot.

(nn) Lot Line, Front (external). A boundary line of a lot which coincides with a street boundary line. The word street as used in this definition does not include alley.

(oo) Lot Line, Rear (internal). A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.

(pp) Lot, Reversed Corner. A corner lot having its side lot line substantially a continuation of the front lot line of the first lot to its rear.

(qq) Lot Line, Side (internal). A boundary line of a lot which does not coincides with a street boundary line. The word street as used in this definition does not include alley.

(rr)  Lot, Width. The horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines.

(ss)  Mobile Home. All vehicles used or so constructed as to permit being used as conveyances upon the public streets and highways and duly licensable as such, and constructed in such manner as will permit occupancy thereof for human habitation, dwellings or sleeping places for one or more persons, provided further that this definition shall refer to and include all portable contrivances used or intended to be used generally for living and sleeping quarters and which are capable of being moved by its own power, towed or transported by another vehicle; provided that this definition shall not apply to any vehicle lawfully operated upon fixed rails.

(tt)   Mobile Home Community. Any area, tract or site or plot of land whereupon a minimum of 25 mobile homes as herein defined are placed, located or maintained or intended to be placed, located or maintained for dwelling purposes only land upon a permanent or semi-permanent basis.

(uu) Mobile Home. Dependent. A mobile home which does not have a flush toilet and bath or shower.

(vv) Mobile Home. Independent. A mobile home which has a flush toilet and a bath or shower.

(ww)         Mobile Home Park. Any area, tract, site, or plot of land whereupon a minimum of four mobile homes as herein defined are placed, located or maintained or intended to be placed, located or maintained for dwelling purposes.

(xx) Mobile Home Space. Any plot of ground within a mobile home community or park designed for the accommodation of one mobile home as herein defined.

(yy) Motel. A group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and have individual entrances.

(zz) Motor Vehicle Repair Shop. A building or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles.

(aaa)         Nonconforming Use. Any building or premises which are lawfully used but which do not conform with the regulations and requirements of this title. This definition shall have the same application to any amendments hereto.

(bbb)        Nursing or Convalescent Home. Nursing or convalescent home shall be as defined by K.S.A. 39-923.

(ccc)         Open Unoccupied Space. That area of private property upon which this title prohibits the location of any building or structure. The word structure as used in the definition shall not be construed to prohibit the location, within such open unoccupied space, of the following:

(1)   Unenclosed steps and stairways;

(2)   Concrete walk or driveway;

(3)   Fence or trellis, not exceeding 5 ½ feet high;

(4)   Retaining walls not more than 18 inches higher than the grade of the ground retained;

(5)   Flue or fireplace chimney attached to the primary use building;

(6)   Bay windows extending not more than 18 inches from the main body of the building;

(7)   Eaves not extending more than three feet.

(ddd)        Parking Area, Public or Customer. An area other than a private parking area, street or alley, used for the parking of automobiles and available for public or semi-public use.

(eee)         Parking Space. A surfaced area of not less than 200 square feet on private or public property, either within or outside a building, suitable in size and location to store one standard automobile.

(fff) Person. Any natural individual, firm, trust, partnership, association or corporation.

(ggg)         Plat. A map, plan or layout of a city, township, section, or subdivision indicating the location and boundaries of individual properties.

(hhh)        Premises. A lot together with all buildings and structures thereon.

(iii)  Rooming House. A building or portion thereof other than a hotel, where lodging for four or more persons is provided for compensation.

(jjj)  Setback Line, Building. The distance extending across the full width of a lot, the depth of which shall be measured between the front line of the building and the street line.

(kkk)        Sign. Any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as are used to designate an individual, firm, profession, business or a commodity and which are visible from any public street or air.

(lll)  Site. See Lot.

(mmm)     Story. That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between any floor and the ceiling next above it.

(nnn)        Story, Half. A story under a gable, hip or gambrel, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

(ooo)        Street. That area of land platted and dedicated for public use, or lawfully used, as a public thoroughfare for vehicular travel; excluding from this definition access ways commonly designated as alleys.

(ppp)        Street Line. A dividing line between a lot, tract or parcel of land and a contiguous street.

(qqq)        Structure. Anything fabricated, assembled, constructed or erected by the skill of man, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground, including but not limited to buildings, advertising signs, billboards, poster panels, steak ovens, trash burners, radio towers, poles and fences.

(rrr) Structure Alteration. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders; any substantial change in the roof or in exterior walls, excepting from this definition such alterations as may be required for the safety of the building.

(sss) Structure. Anything constructed, other than fence or retaining wall not exceeding three feet in height above ground level, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including but not limited to signs, billboards, and mobile homes.

(ttt)  Theater, Moving Picture. A building or part of a building devoted to the showing of moving pictures on a paid admission basis.

(uuu)        Theater, Outdoor Drive-In. An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.

(vvv)        Tourist Cabins. See Motel.

(www)      Tourist Home. A dwelling in which overnight accommodations are provided or offered for transient guest for compensation.

(xxx)        Trailer Camp. See Mobile Home Park.

(yyy)        Use. The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term permitted use or its equivalent shall not be deemed to include any nonconforming use.

(zzz)         Use, Accessory. See Accessory Use.

(aaaa)       Way. A street or an alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

(bbbb)      Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard, the depth of the front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

(cccc)       Yard, Front. A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entranceway. Covered porches shall be considered part of the main building and shall not project into a required front yard.

(dddd)      Yard, Rear. A yard extending across the rear of a lot between the side lot liens and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall, in all cases, be at the opposite end of the lot from the front yard. Permitted accessory structures may occupy space in the rear yard.

(eeee)       Yard, Side. A yard extending from the front lot line to the rear yard line, and being the minimum horizontal distance between the side lot line and the side of the main building or any projection thereof as herein defined. On corner lots, the side yards shall be perpendicular to the street upon which the lot has its least dimension: the width of the internal side yard shall meet the standards established for the district in which the lot is located; and the external side yard width shall be equal to the front yard setback established by the dwellings to the rear of such corner lot, or 15 feet measured from the lot line, whichever dimension is the greatest.

(Ord. 808, Sec. 6)

(a)   Districts Established. The following zones and regulations are imposed within the incorporated limits of the city.

AGRICULTURAL

Agriculture District A-1

RESIDENTIAL

(1)   Single Family District R-1

(2)   Two Family District R-2

(3)   Multiple Family District R-3

COMMERCIAL

(1)   Neighborhood Business District B-1

(2)   Central Business District B-2

(3)   General Business District B-3

INDUSTRIAL

(1)   Planned Industrial Park 1-1

(2)   Light Industrial District 1-2

(3)   Heavy Industrial District 1-3

(b)   Zoning Map.

(1)   The districts are bounded and defined as shown on maps entitled Zoning Map adopted April 30, 1968, and certified by the city clerk which, with all explanatory matter thereon, are hereby made a part of this title and incorporated herein by reference under authority of Chapter 88, Kansas Session Laws, 1967.

(2)   The zoning maps shall be kept and maintained by the city planning commission and shall be available for inspection and examination by members of the public at all reasonable times, as any other public record.

(c)   Interpretation of District Boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts, the following rules shall apply:

(1)   Where district boundaries on the zoning map are indicated as approximately following the centerlines of streets, highways, or railroads, such boundaries shall be deemed to be located at such midpoints.

(2)   Where district boundaries are so indicated that they approximately follow lot lines or section lines, such lines shall be construed to be the boundaries.

(3)   Where the boundary of a district follows a stream, lake or other body of water, the boundary line shall be deemed to be at the limit of the jurisdiction of the city, unless otherwise indicated.

(Ord. 808, Sec. 1)

(a)   Intent

(1)   This district is tended to provide a location for the land situated on the fringe of the urban area that is used for agricultural purposes, but will be undergoing urbanization in the foreseeable future. Therefore the agricultural uses and activities should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial, or industrial development than is authorized in other districts. The types of uses, area and intensity of use of land which is authorized in this district is designed to encourage and protect any agricultural uses until urbanization is warranted and the appropriate changes in district classification are made.

(2)   The uses set out in this chapter shall apply in all A-1, Agricultural Districts.

(b)   Permitted Uses. Uses permitted in the A-1 district are as follows:

(1)   Agricultural uses and their accessory structures, as defined in section 16-202(c).

(2)   Farm houses, to the extent they qualify as agricultural accessory uses.

(c)   Conditional Uses. The following uses may be approved by the city planning commission subject to such conditions and safeguards as they may deem appropriate:

(1)   Churches or similar places of worship with their accessory structures;

(2)   A cemetery, airport, camp, hospital sanitarium, correctional institution or institution for the insane;

(3)   Rodeo or fairgrounds;

(4)   Athletic fields;

(5)   Livery stable or riding academy;

(6)   Public schools and institutions of higher learning;

(7)   Public parks, public playgrounds, public institutions, and recreational areas operated by membership organizations for the benefit of their members and not for gain;

(8)   Dog kennels;

(9)   Raising of fur bearing animals;

(10) Commercial feed lots as defined in section 16-202(v), and which lots are located within one mile of the city.

(d)   Density Requirements. For density requirements, see section 16-221.

(Ord. 808, Sec. 3)

(a)   Permitted Uses. Uses permitted in the R-1 district are:

(1)   Single family dwellings;

(2)   Public schools and private schools having a curriculum equivalent to and substantially the same as public schools:

(A)  including private nurseries, day schools or kindergartens accommodating 12 or less children.

(3)   Municipal parks and playgrounds;

(4)   Municipal water towers and fire stations;

(5)   Temporary buildings for use incident to construction work, which buildings must be removed upon completion or abandonment of the construction work;

(6)   Accessory buildings and uses customarily incident to the above uses, all being located on the same lot and not involving the conduct of a business other than therein authorized. Any accessory building that is not a part of the primary use structure must be located in the rear yard;

(7)   Bulletin boards of churches or public buildings not exceeding 20 square feet in area. Temporary signs pertaining to the lease or sale of building or premises; provided, that such signs do not exceed eight square feet in area, and that no more than one sign for the identical purpose may be exhibited to view from the same street.

(8)   Churches or similar places of worship.

(b)   Density Requirements. For density requirements, see section 16-221(a).

(c)   Parking Requirements. Upon the erection, enlargement, or conversion of a structure or the use thereof changed to any one of the following uses, there shall be provided off-street spaces, surfaced in accordance with standards set by the city council, located to the rear of the building setback line and in accordance with the following minimums:

(Ord. 808, Sec. 3; Ord. 1107, Sec. 1)

(a)   Permitted Uses. Uses permitted in the R-2 district are:

(1)   All uses permitted in R-1 districts;

(2)   Two family dwellings;

(3)   Home occupation;

(4)   Hospitals and clinics, but not for the housing and treatment of animals;

(5)   Cemeteries, subject to approval of the city planning commission;

(6)   Announcement or professional signs not over two square feet (288 square inches) in area and mounted flush to the building.

(b)   Density Requirements. For density requirements, see section 16-221(a).

(c)   Parking Regulations.  Parking regulations are the same as R-1 districts and including the following:

(Ord. 808, Sec. 3)

(a)   Permitted Uses. Uses permitted in the R-3 district are:

(1)   All uses permitted in R-2 districts;

(2)   Boardinghouses and lodging houses;

(3)   Multiple family dwellings and apartments, not including hotels or motels;

(4)   Private clubs, and lodges, not including those whose activities are of services customarily carried on as a business;

(5)   Private nurseries, day schools, kindergartens and children’s homes;

(6)   Accessory buildings and uses customarily incident to the above uses, all being located upon the same lot and not involving the conduct of a business, other than herein authorized. Any accessory building that is not a part of the primary use structure must be located in the rear yard;

(7)   Convalescent and nursing homes.

(b)   Density Requirements. For density requirements, see section 16-221(a).

(c)   Parking Regulations.  Parking regulations are the same as R-1 districts and including the following:

(Ord. 808, Sec. 3)

(a)   Intent. This business district is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood, closely associated with residential, religious, recreational and educational elements, more restrictive requirements for air, light, open space, and off-street parking are made than are provided for in other commercial districts.

(b)   Permitted Uses. Uses permitted in the B-1 district are:

(1)   All uses permitted in any residential district subject to all provisions specified for residential districts;

(2)   Barber shops and beauty parlors;

(3)   Banks and savings and loan companies;

(4)   Medical and dental clinics, offices and professional facilities of doctors, dentists, chiropractors, osteopaths, chiropodists, optometrists, masseurs, and shops offering similar personal service;

(5)   Self-service laundries;

(6)   Drugstores having no curb or parking lot delivery service of fountain products.

(7)   Grocery and/or meat shops;

(8)   Subject to all regulations otherwise provided by this title, advertising signs are permissible, provided they advertise only the service, articles, or products offered within the building located upon the premises whereon the sign is located billboards and roof sign boards are prohibited;

(9)   Other uses which, in the judgment of the city planning commission, are of the same general character as those listed in this section, and have been approved by action of the city planning commission, and which will not be detrimental to the district in which located.

(c)   Density Requirements. For density requirements, see section 16-221(b).

(d)   Parking Regulations. Upon the erection, enlargement, or conversion of a structure or the use thereof changed, there shall be provided off-street spaces which shall be all-weather surfaced in accordance with the following minimums:

(e)   Loading Zone. Off-street space for loading, unloading, and servicing shall be provided on the lot, which in the judgment of the city planning commission shall be adequate and must be approved by the city planning commission.

(Ord. 808, Sec. 3)

(a)   Intent. This business district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.

(b)   Permitted Uses. Uses permitted in the B-2 district are as follows:

(1)   All uses permitted in any B-1 neighborhood business district;

(2)   Any public building or use;

(3)   Automotive parts, sales only;

(4)   Bakeries and confectioneries;

(5)   Beer parlor or tavern;

(6)   Bowling alleys;

(7)   Bus and cab depot;

(8)   Dressmaking, tailoring, millinery and hem-stitching;

(9)   Feed stores, not including the milling or grinding of any feed;

(10) Freezer lockers and cold storage;

(11) Gasoline and oil filling stations, not primarily engaged in the performance of overhaul or major repair service upon motor vehicles or equipment;

(12) Light industry which does not constitute a nuisance by reason of noise, vibration, odor, dust, smoke, gas, or other offensive conditions and subject to the approval of the city planning commission;

(13) Parking lot;

(14) Pool and billiard halls;

(15) Railroads and bus depots, freight and passenger;

(16) Sale and show rooms, retail in character;

(17) Sale of frozen and semi-frozen dairy products;

(18) Telecommunications offices;

(19) Used car sales not including salvage or wrecking of any kind;

(20) Hotels, motels, and tourist courts;

(21) Office or any profession or business;

(22) Printing shops;

(23) Restaurants and eating establishments, not including drive-ins;

(24) Theaters, not constituting a drive-in;

(25) Package liquor stores;

(26) Automobile agency;

(27) Newspaper;

(28) Cleaners and laundry;

(29) Sales and service of home appliances;

(30) Undertaking establishments;

(31) Co-op, not to include elevators or the storage of grain or feed in bulk;

(32) Subject to all regulations otherwise provided by ordinance, advertising signs are permissible, provided they advertise only the services, articles, or produce offered within the building located upon the premises whereon the sign is located. Billboards and roof sign boards are prohibited;

(33) Other uses which in the judgment of the city planning commission, are of the same general character as those listed in this section and have been approved by action of the city planning commission, and which will not be detrimental to the district in which located.

(c)   Density Requirements. For density requirements, see section 16-221(b).

(d)   Parking Regulations. Upon the erection of any new structure or in the opinion of the city planning commission, a major enlargement or structural change of an existing structure, the following off-street spaces shall be provided:

All required off-street parking spaces shall be all-weather surfaced and shall be located on the premises or on an area not more than 300 feet from the building.

(e)   Loading Zone. Adequate off-street space for loading, unloading and servicing shall be provided on the lot, which in the judgment of the city planning commission, shall be adequate and must be approved by the city planning commission.

(Ord. 808, Sec. 3)

(a)   Intent. This business district is for the conduct or retail trade and to provide personal services which, due to their character, create an increased traffic flow and higher density of land use.

(b)   Permitted Uses. Uses permitted in the B-3 district are:

(1)   Vehicle finishing, repair, and the like;

(2)   Implement sales and service;

(3)   Drive-in eating establishments;

(4)   Bowling alleys;

(5)   Subject to all regulations otherwise provided by ordinance, advertising signs are permissible, provided they advertise only the services, articles, or products offered within the building located upon the premises, whereon the sign is located. Billboards and roof signboards are prohibited;

(6)   Other uses which, in the judgment of the city planning commission are of the same general character as those listed in this section and have been approved by action of the city planning commission, and which will not be detrimental to the district in which located.

(c)   Density Requirements. For density requirements, see section 16-221(b).

(d)   Parking Regulations. Upon the erection, enlargement or conversion of a structure or the use thereof changed, the following off-street parking shall be provided:

All required off-street parking spaces shall be all-weather surfaced and shall be located on the premises or on an area not more than 200 feet from the building.

(e)   Loading Zone. Adequate off-street space for loading, unloading, and servicing shall be provided on the lot which, in the judgment of the city planning commission, shall be adequate and must be approved by the city planning commission.

(Ord. 808, Sec. 3)

(Density requirements -See section 16-221(c) of this code).

(a)   Petition. Use Regulation in a Planned Industrial Park District. The owner, or owners, of any contiguous and compact tract of land containing not less than 10 acres may submit to the city planning commission a petition for the rezoning and subsequent exclusive use and development of all of such tract of land as a planned industrial park district. The petition submitted shall be referred to the city planning commission for study, hearing, and report as provided by law.

(b)   Building and Land Use and Building Construction; Authorization Required. In a planned industrial park district, no building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed or altered until such use, erection, construction, reconstruction, or alteration shall have been specifically authorized by the governing body, after study and recommendation by the city planning commission.

(c)   Industrial Use; Nuisances Prohibited. Any industrial use, upon approval of the city planning commission, shall be permitted in a planned industrial park district provided no nuisance will result with regard to;

(1)   Smoke and other particulate matter;

(2)   Noise;

(3)   Odor;

(4)   Fire or explosive hazard;

(5)   Gases;

(6)   Glare or heat;

(7)   Vibration;

(8)   Water pollution;

(9)   Other factors detrimental to the health, safety, and welfare of the area.

(d)   Approval Conditions; Applicant Data Required. The city planning commission shall satisfy themselves that the conditions listed in subsection (c) are met before recommending approval of any use in a planned industrial park district. Pursuant to this article, the applicant shall be required to furnish:

(1)   Data describing all processes and equipment involved in the proposed use;

(2)   Plans showing location and design of structures, delivery points, loading areas, walls, fences, screen planting, signs, lighting devices, and pedestrian walks;

(3)   Plans illustrating adequate off-street parking according to standards established by the city planning commission;

(4)   Traffic routing system so designed as to minimize nuisance effects due to the generation of traffic to and from the use;

(5)   Comprehensive landscaping plan;

(6)   Any other information to the city planning commission may need to adequately consider the effect that the proposed uses may have upon the cost of providing services by the city. All sewage disposal system and requirements for such systems must be approved by the city engineer before a building permit is issued.

(e)   Proposed Uses; Conditions to be Met. The city planning commission shall further satisfy themselves that the uses proposed for any planned industrial park district are compatible with the adjacent and nearby uses of land, both existing and contemplated; and to the district to insure that there is sufficient capacity for uses dependent on automotive transportation; and that the design and landscaping is in harmony with adjacent residential areas; and that the general plan is consistent with the intent and purposes of this title, to promote public health, safety, morals, or general welfare.

(f)   Performance Bond. The city planning commission may require the applicant to file with the city clerk, if the development is proposed in the incorporated area, a performance bond during the period of construction, reconstruction, or alteration, such bond to be in an amount determined by the governing body, to be sufficient to insure completion of the landscaping and parking plans as submitted.

(Ord. 808, Sec. 3)

(a)   Intent. This industrial district is intended primarily for production and assembly plants that are conducted so the noise, odor, dust and glare of such operation is completely confined within an enclosed building. These industries may require direct access to rail, air or street transportation routes, however, the size and volume of the raw materials and finished products involved should not produce the volume of freight generated by the uses of the heavy industrial district.

(b)   Permitted Uses. Uses permitted in the I-2 district are:

(1)   Assembly or repair of electrical and mechanical appliances, instruments, devices and the like;

(2)   Building material production, storage and sales uses;

(3)   Food distribution and storage plants;

(4)   Construction and agricultural equipment distribution, repair, storage and sales uses;

(5)   Transportation storage and trucking yards;

(6)   Agricultural feed and grain storage and sales;

(7)   Laundry, cleaning, and dyeing works;

(8)   Wholesale business, storage warehouses and the like;

(9)   Bottling works;

(10) Greenhouses;

(11) Research laboratories;

(12) Sign shops and service;

(13) General contractors;

(14) Other uses of the same general character as those listed above which conform to restrictions deemed appropriate by the city planning commission.

(c)   Conditional Uses Permitted. The following uses may be approved by the city planning commission subject to such conditions and safeguards as they may deem appropriate;

(1)   Sheet metal, plumbing, and blacksmith shops;

(2)   Grain elevator and grain storage;

(3)   Wholesale or bulk storage of gasoline or other petroleum products (see fire prevention ordinances for other requirements).

(d)   Prohibited Uses. Those uses are prohibited which may be obnoxious or offensive by reason of odor, dust, smoke, gas or noise.

(e)   Density Requirements. For density requirements, see section 16-221(c).

(f)   Parking Regulations. Parking regulations are as follows:

(g)   Loading Zone. Off-street space for loading, unloading and servicing of the use shall be provided on the lot which, in the judgment of the city planning commission, shall be adequate and must be approved by the city planning commission. All required off-street space for loading, unloading and servicing shall be all-weather surfaced in accordance with standards set by the city planning commission.

(Ord. 808, Sec. 3)

(a)   Intent. This industrial district is intended to provide for heavy industrial uses not otherwise provided for in the districts established by this title. The intensity of uses permitted in this district makes it desirable that they be located downwind and separate from residential and commercial uses whenever possible.

(b)   Permitted Uses. Any uses permitted in I-2 light industrial district is permitted in the I-3 district, unless otherwise prohibited in this article.

(c)   Provisional Uses Permitted. Provided that the location of such use has been approved by the city planning commission, the following uses may be permitted upon application.

(1)   Arsenal;

(2)   Central mixing plant for cement, mortar, plaster, concrete mix, asphalt, or paving material;

(3)   Dehydration plant;

(4)   Fertilizer manufacture;

(5)   Smelting of any ore or meal;

(6)   Soybean processing plant;

(7)   Railroad storage yards or shops;

(8)   Junkyard, automobile or salvage yard of any kind;

(9)   Fat rendering;

(10) Manufacturing of: Acid, Alcohol, Ammonia, Bleaching Powder, Celluloid, Chlorine, Nitrocellulose, Gas, Glue, Gypsum, Lime, Plaster, Pyroxylin, Explosives. Cement, lime ingredient.

(11) Petroleum refinery and distillation;

(12) Slaughtering and dressing of horses, cattle, swine, sheep and goats, and disposal of waste from such processing (this is not intended to exclude poultry slaughtering and dressing);

(13) Stockyards;

(14) And in general, other uses of the same general character as those listed above which conform to restrictions deemed appropriate by the city planning commission.

(d)   Prohibited Uses. Uses prohibited in the I-3 district are:

(1)   Any residential use;

(2)   Schools, hospitals, or churches;

(3)   Any retail business use;

(4)   Sanitary landfill, reduction or incineration of trash, garbage, offal or dead animals;

(5)   Any use inconsistent with or expressly prohibited by the ordinance of the city.

(e)   Density Requirements. For density requirements, see section 16-221(c)

(f)   Parking Regulations. Parking regulations are the same as I-2 light industrial district and including the following:

(g)   Loading Zone. Requirements for loading zones are the same as I-2 light industrial district.

(Ord. 808, Sec. 3)

(a)   Signs – Residential Districts. No advertising billboards, sign boards or signs shall be permitted in any residential districts, except as provided in sections 16-205:207.

(b)   Signs – Commercial Districts. Advertising sign boards will be permitted in commercial districts when utilized to advertise business on the lot upon which the sign is located subject to the following requirements:

(1)   B-1 – Neighborhood Business District:

(A)  Size - not more than five feet high.

(B)  No advertising sign may project out from any building more than four feet.

(C)  All portions of the advertising sign must be eight feet above the street elevation.

(D)  Maintenance - kept properly painted, supported and cleaned.

(E)   Overall Height - maximum 13 feet above the street elevation.

(2)   B-2 – Central Business District and B-3 – General Business District

(A)  Size - not more than 10 feet high.

(B)  No advertising sign may be located or project out from any building more than eight feet.

(C)  All portions of the advertising sign must be 12 feet above the street elevation.

(D)  Maintenance - kept properly painted, supported, and cleaned.

(E)   The location, size and set back of advertising signs located on the property of service or gas stations must have approval by the city planning commission before the erection or reconstruction of such signs.

(c)   Signs – Industrial Districts. Billboards and signboards will be permitted in industrial districts when utilized to advertise business on the lot which the sign is located, subject to the following requirements:

(1)   I-1 – Planned Industrial Park:

(A)  Size -not more than five feet high or 10 feet long.

(B)  Set back at least 10 feet from the street, roadway or highway right-of-way.

(C)  Maintenance - kept properly painted, supported, and cleaned.

(D)  Overall Height -maximum 25 feet above the ground level.

(2)   I-2 – Light Industrial District and I-3 – Heavy Industrial District:

(A)  Size - not more than 20 feet high or 30 feet long.

(B)  Set back at least 10 feet from the street, roadway or highway right-of-way

(C)  Maintenance - kept properly painted, supported, and cleaned.

(D)  Overall Height - maximum 25 feet above the ground level.

(d)   Signs – Agricultural District. No billboards or advertising signboards shall be permitted in any agricultural district except by special approval of the city planning commission and are subject to the following requirements:

(1)   Size. No signboard surface, including the surrounding trim and other embellishment, shall exceed 20 feet in height and 60 feet in length. In agricultural districts, the overall height, including the supporting structure, shall not extend more than 35 feet above ground level.

(2)   Setback. The city planning commission may grant an applicant authority to erect a sign or signboard not nearer than 10 feet from either edge of a highway right-of-way. Such signs or signboards shall not be located as to constitute a hazard to traffic. All questions of fact relating to setback or locations of signboards shall be determined by the city planning commission.

(3)   Spacing on Signs. Signs or signboards in agricultural districts, in order to avoid diverting attention of traffic and in the interest of safety, shall not be placed within 300 feet on another sign or signboard on the same side of the road.

(4)   No signs or signboards shall be located in any area designated by the city planning commission as one of scenic beauty and historical interest.

(5)   Farm signs or signboards relating to farm produce grown or produced on the premises, shall not be affected or governed by this article, provided such signs or signboards are located on the premises of the owner of the farm or of the farm produce.

(e)   Signs – Permits. Permits for signs or signboards will be required from the city planning commission for placing of signs or signboards of every kind. Application for permits shall be accompanied, in each instance, either by a letter authorizing the placing of a sign on the land or building, signed by the owner or his or her duly authorized agent, or accompanied by a lease showing the right of the applicant. Such application shall conform to the regulations herein provided and no sign or signboard shall be erected or painted on any area until the application is acted upon and granted by the city planning commission. In cases of rental or sale of the premises itself, the regulations as set out in the zone classes or this article must be compiled with. A charge of $1 per 100 square feet of sign board area with a minimum charge of $1 shall be made by the city commission for each permit granted and the permits shall not be granted for longer than a five-year period. The application shall be promptly acted upon by the city planning commission after receipt thereof. Failure of the city planning commission to act upon such application within 30 days shall constitute approval thereof.

(f)   Signs – Maintenance – Damages. All signs or sign boards must be kept nearly painted, properly braced and supported and the foundation or the area beneath the sign or sign boards shall be kept clear of weeds. The city planning commission is authorized to direct the removal of any signs or sign boards which do not show such care after 30 days’ notice in writing is mailed to the address of the owner given in the application. Any sign or sign board that is a nonconforming use and which has been damaged by fire, storm or other cause to the extent of 50% or more of its value, as appraised by the city planning commission, shall be removable at the direction of and at the order of the city planning commission. A sign or sign board that has been blown over shall be considered damaged more than 50% of its value, if it is not restored within 30 days of the occurrence, with the further exception that the city planning commission shall have the right to extend the time in which such sign or sign board may be restored in case of damage by windstorm or fire.

(g)   Signs - Painting on Side of Building. A sign or sign board placed or painted on the side of the building shall come within the terms of this article.

(h)   Lot Area Reduction. No lot shall be reduced in area so that any required open space will be smaller than prescribed in the regulations for the district in which the lot is located. Whenever such reduction in lot area occurs, any buildings located on the lot shall not thereafter be used until such building is altered, reconstructed or relocated so as to comply with the area and yard requirements applicable thereto.

(i)    Community Unit Planning. The owner or owners of any tract of land comprising an area of not less than four acres may submit to the chairperson of the city planning commission a plan for the use and development of all such tracts of land for residential purposes. Such development plan shall be referred to the city planning commission for study, public hearing and report to the governing body and the governing body may authorize rezoning and the issuance of building permits and certificates of occupancy, therefore, even through the use of the land the use and location of structures, including the yards and open spaces required by this article, do not conform in all respects to the regulations contained in other chapters of this article. The city planning commission shall make a report to the governing body setting forth its reasons for approval of the application and specific evidence and facts showing that the proposed community plan meets the following conditions:

(1)   That the values of building and the character of the property adjoining the area included in such plan will not be adversely affected;

(2)   That such plan is consistent with the intent and purpose of this article to promote public health, safety, morals and general welfare;

(3)   That the buildings shall be used only for residential purposes and the usual accessory uses, such as automobile parking areas, garages and community activities, including churches; and provided that a neighborhood business district can be established through the regular channels;

(4)   That the average lot area per family contained in the site, exclusive of the area occupied by streets, shall be not less than the lot area per family required for the district in which the development is located.

(j)    Dwellings on Small Lots. Notwithstanding the limitations imposed by any provision of this article, the erection of a dwelling shall be permitted on any lot (except a lot in a heavy industrial district) subdivided on under separate ownership prior to approval of this article, provided all requirements except lot Size are met.

(k)   Building Height.

(1)   Public, semi-public or public service buildings, hospitals, or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each of its lot lines an additional foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

(2)   The height limitation of this article shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy; not to chimneys, ventilators, skylights, water tanks, bulk heads, similar features and necessary mechanical appurtenances usually carried above the roof level.

(3)   Ornamental Features. The provisions of this article shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows), extending above such height limit not more than five feet.

(l)    Joint Driveways and Garages. Where joint driveways and joint garages were in existence prior to April 30, 1968, it shall be permissible to repair, reconstruct or enlarge joint garages and it is not necessary to conform to the provisions governing internal lot lines.

(m)  Number of Employees. Whenever the number of employees is restricted in connection with any use, such maximum number applies only to employees engaged in processing or treating materials or products on the premises and not to employees engaged in selling, clerical, delivery or similar activities.

(n)   Protection of Sewers and Utility Lines. No building or addition thereto shall be erected over or across any public sewer or utility line, nor upon any platted or recorded easement, unless permission is granted in writing by the city commission and the public utility whose lines are involved.

(o)   Natural Productions Uses. There may be permitted in any district, on approval of the board of zoning appeals, as provided for in this article, the excavations and sale of sand, gravel, clay, shale, coal, or other natural mineral deposit or the quarrying of any kind of rock formation, subject to the following conditions:

(1)   In the case of any open excavation, there may be required a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located, and such fence shall be located 40 feet or more distant from the edge of such excavation.

(2)   The slope of the material in such sand, gravel, or other pit shall not exceed the normal angle of repose of such materials, and the plane of such angle of repose shall not come nearer than 40 feet to any property lines.

(3)   In the case of a quarry or other excavation in rock, there may be required a substantial fence, with suitable gates at all points distant, 40 feet or more, from the face of any quarry walls.

(4)   A rock crusher, cement plant or other crushing, grinding, polishing, or cutting machinery or other physical or chemical process for treating the product of such quarry may be prohibited.

(5)   No such quarry wall shall be nearer than 40 feet to any property boundary line, street or highway right-of-way line.

(p)   Mobile Home Parks. There may be permitted in any district, on approval of the board of zoning appeals, as provided in this article, mobile home parks subject to the following conditions and requirements:

(1)   The mobile home park shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

(2)   Mobile home spaces shall be provided consisting of a minimum of 2,000 square feet for each space and which shall be clearly defined and marked.

(3)   Mobile homes shall be so harbored on each space so that there will be at least 15 feet clearance between mobile homes, provided however, that with respect to mobile homes parked end-to-end, clearance may be less than 15 feet but not less than 10 feet. No mobile home shall be located closer than 15 feet from any building within the mobile home park.

(4)   All mobile home space shall abut upon a driveway of not less than 20 feet in width, which shall have unobstructed access to a public street or highway, and the sole vehicular access shall not be by an alley and all dead-end driveways shall include adequate vehicular turning space or cul-de-sac.

(5)   Off-driveway parking sites shall be maintained at a minimum ratio of one car space for each mobile home space.

(6)   Outdoor laundry drying space of adequate area and suitable location shall be provided.

(7)   Where the mobile home park is located more than 400 feet from a public park or recreational area, one or more playgrounds shall be provided which are:

(A)  Easily accessible from the mobile homes without encountering traffic hazards, and

(B)  Adequate for the expected need of at least 2,500 square feet per playground or at least 25 square feet per mobile home space.

(8)   All roadways within the mobile home park shall be all-weather surfaced, maintained and adequately lighted.

(9)   All electric distribution systems, plumbing systems and telephone service systems to each mobile home space, except outlets and risers, shall be underground. Each mobile home space shall be provided with a 115/230 volt single phase service with a minimum 50 ampere individual service outlet

(10) All mobile home parks shall be connected to the city sanitary sewer system or satisfactory sewer system as approved by the city planning commission and satisfactory connections made available to each mobile home space.

(11) Each boundary of any mobile home park must be at least 50 feet from any adjoining property line, unless separated therefrom by a decorative barrier, approved by the city planning commission, a minimum of 10 feet high and placed at a distance of a minimum of 10 feet from its property line.

(12) All sanitary systems must have approved in writing from the city health officer.

(q)   Mobile Home Spaces.

(1)   Individual mobile homes shall be located only in authorized mobile home parks.

(2)   If independent mobile home spaces only are provided, in a mobile home park, no service building shall be required. Any mobile home park providing for dependent mobile homes shall have one or more service buildings. Such service buildings shall:

(A)  Be located 15 feet or more from any mobile home space;

(B)  Be adequately lighted;

(C)  Have the interior finished with moisture-resistant material to permit frequent washing and cleaning;

(D)  Provide at least one lavatory, water closet and shower for each sex, one laundry tray, one slop-water drain and hot and cold water;

(E)   Have adequate heating facilities for the building and equipment which will furnish ample supply of heated water during time of peak demands;

(F)   Have all rooms well ventilated, with all openings effectively screened.

(r)    Vacated Streets and Alleys. Whenever any street, alley or other public-way is vacated by official action of the governing body, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated street or alley and all area included in such adjacent district shall then and thence forth be subject to all regulations of the extended districts.

(s)   Visibility at Intersections. At all intersections in any zoning district, including agricultural districts, no fence, wall, hedge, or other structure or planting which will obstruct the view and is over three feet in height, shall be erected, placed or maintained within the triangular area formed by the intersection street, roadway or highway lines and a straight line joining the lines at points which are 50 feet distant from the center of intersection, measured along the lines.

(t)    Flood Plains. Notwithstanding the regulations contained in any part of this article, no use other than an agricultural use or an agricultural accessory use shall be permitted in any zone designated on the zoning map as flood plain area, nor shall a permit for such use be issued unless the board of zoning appeals has been satisfied that adequate measures, such as artificial land fill or other devices appropriate to the projected use, will be taken to protect the use from major damage should earlier known flood conditions recur.

(u)   Yards.

(1)   Terraces. A paved terrace shall not be considered in the determination of yard sizes or lot coverages, provided, however, such terrace is unroofed and without walls, parapet or other form of enclosure. Such terrace, however, may have an open guard railing not over three feet high and shall not project into any yard to a point closer than four feet from any lot line.

(2)   Front Yard Fence. No fence in a front yard or at the side of a front yard shall be more than four feet high.

(3)   Enclosed Porches. Any two story or any enclosed porch, or one having a solid foundation and capable of being enclosed, shall be considered a part of the building in the determination of the size of a yard or lot coverage.

(4)   Fire Escapes. Open fire escapes may extend into any required yard not more than four feet, six inches.

(v)   Home occupation permit; application.

No home occupation as defined in 16-202 (bb) shall be conducted in the City of Girard until a permit has been issued by the City Clerk. Application for such a permit shall be made to the City Clerk upon a form provided therefore. A fee in the amount of $10.00 shall accompany said application form, and after appropriate inspection by the City Codes Compliance Officer, the governing body shall act upon the application, and, by majority vote, shall either grant or deny such permit.

(1)   Home occupations shall include, but are not limited to, the following:

Accountant

Architect

Artist

Attorney

Author or Writer

Beauty or Barbershop; having 1 chair, stand, or station

Chiropractor

Clergyman

Counselor Dentist

Engineer

Home crafts

Insurance Agent

Osteopath

Photographer

Physician

Planner

Real Estate Agent

Salesman

Seamstress/Dressmaker

Secretary/Typist

Teaching or instruction provided not more than 5 students are taught at any one time.

The following conditions and restrictions shall apply to such customary home occupations:

(A)  That the home occupation shall be carried on wholly within a main building or structure, or within a permitted accessory building or structure, provided that the primary use of the main building or structure is clearly the dwelling used by the person as his or her private residence.

(B)  That no person other than members of the household living on the premises shall be employed.

(C)  That only one non-illuminated wall sign not more than 4 square feet in area is used to advertise the home occupation.

(D)  That no display or storage of equipment or materials outside of a building or structure shall be permitted.

(E)   That no equipment or machine is used in such activities that are perceptible off the premises by reason of noise, smoke, dust, odor, heat, glare, radiation, electrical interference or vibration.

(F)   If a product is made as part of the home occupation only, it may be sold.

(G)  That off-street parking and loading shall be provided and that no generation of substantial volumes of vehicular or pedestrian traffic or parking demand shall be permitted.

(2)   A “Home Occupation” shall not create a nuisance with regard to noise, odor, smoke, or other particulate matter, fire or explosive hazard, gases or toxic vapors, glare or heat, vibration, water pollution, or any other factor detrimental to the health, safety, and welfare of the neighborhood.

(3)   The provisions of this section shall apply with respect to all “Home Occupations” in existence and operating on effective date of Ordinance No. 1230.

(Ord. 808, Sec. 4; Ord. 1199; Ord. 1230; Code 2018)

(a)   Procedure.

(1)   The governing body may, from time to time, amend, supplement or change the boundaries or regulations contained in such final report, provided such proposed change shall first be submitted to the city planning commission for its recommendation and report and provided further that no less than 30 days’ notice of any such proposed change shall first be published in the official city paper and a hearing be granted to any person interested, at a time and place specified in such notice. If, however, a protest against such amendment, supplement or change be presented, duly signed and acknowledged by the owners of 20 percent or more land located within 200 feet of the area, such amendment shall not be passed except by at least 2/3 vote of the governing body.

(2)   Before any action shall be taken as provided in this section, the private party or parties proposing or recommending an amendment, supplement, modification or change in the zoning ordinance shall deposit with the city clerk, the sum of $25 to secure payment of the publication costs of such proceedings.

(Ord. 808, Sec. 5)

(a)   Continuance. The lawful use of buildings and premises existing at the time of the existing at the time of the effective date of the ordinance codified in this article, may be continued although such use does not conform to the provisions of this article provided the requirements of subsection (f) are complied with.

(b)   Discontinuance: Conformance to District. In the event that a nonconforming use of any building or premises is discontinued, or its normal operations stopped, continuously for a period of six months, the use of such building or premises shall thereafter conform to the use regulations in the district in which the same is located.

(c)   Alterations Prohibited. No existing building devoted to a use not permitted by this article in the district in which such building is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building is located.

(d)   Damaged Building: Restoration. When a building, the use of which does not conform to the provisions of this article, is damaged by fire, explosion, Act of God, or the public enemy, to the extent of more than 50 percent of its fair market value, it shall not be restored except in conformity with the district regulations of the district in which the building is situated.

(e)   Utility Companies Constructing Buildings. The governing body may grant to any public utility company, operating under a franchise from the city, permission to construct or install buildings or structures or to use such premises for any purpose, within any district, which would improve public convenience and welfare.

(f)   Certificate of Occupancy. A certificate of occupancy shall be required for all nonconforming uses. Application for a certificate of occupancy for nonconforming uses shall be filed with the chairperson of the city planning commission within 12 months from the effective date of the ordinance codified in this article, accompanied by an affidavit of proof that such nonconforming use was lawfully commenced prior to the effective date of the ordinance codified in this article.

(Ord. 808, Sec. 5)

(a)   When Required.

(1)   Subsequent to the effective date of the ordinance codified in this article, no change in the use of land, and no change in the use of existing buildings shall be made until a building permit has been issued by the city clerk. A certificate of occupancy for a new building or the structure alteration of an existing building shall be applied for coincident with the application for a building permit, and shall be issued within 10 days after the erection or alteration of such building or part thereof has been accomplished in conformity with the ordinances of the city.

(2)   The placement of a mobile home shall be deemed to be a change in the use of the land on which the mobile home is placed, unless placement is in a mobile home park, as designated herein. After the provisions of 16-214(q) have been complied with and special approval has been obtained from the city planning commission written approval shall be obtained from the county health office on all sanitary systems and upon the obtaining of the foregoing, a certificate of occupancy shall be issued by the city clerk under the terms and conditions as may be set out by the city planning commission.

(b)   Temporary Certificate of Occupancy.

(1)   Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued by the city clerk, which shall be valid for a period not to exceed six months, during the completing of alterations or during partial occupancy of the building pending its completion. Such temporary certificate shall not be construed in any way as altering the respective rights, duties or obligations of the owners or of the city relating to the use of occupancy of the premises or any other matter covered by this article and such temporary certificate shall not be issued except under such restrictions and limitations as will adequately insure the safety of the occupants.

(2)   A temporary certificate of occupancy may be issued for the placing of mobile homes under the terms and conditions as may be set out by the city planning commission, and the issuance of a temporary certificate shall not be construed as granting any rights beyond those terms of the temporary certificate. Upon the expiration of the term as set out in the temporary certificate, the city shall have the same rights and cause of action as though no certificate was issued.

(c)   Certificate of Occupancy; Statement of Compliance. The certificate of occupancy shall state that the building or proposed use of premises complies with all the building and health ordinances, and with the provisions of this article.

(d)   Certificate of Occupancy; Record. A record of all occupancy shall be kept on file in the office of the city clerk and copies thereof shall be furnished on request to any person having a proprietary or tenant interest in the building or premises affected.

(e)   Certificate of Occupancy; Nonconforming Uses; Fee. A fee of $1 shall be paid to the city clerk for the issuance of such certificate of occupancy for nonconforming uses and for each copy of all certificates of occupancy, except those required to comply with section 16-215(f).

(f)   Building Permit: Application. Application for a building permit shall be made to the city clerk. This application shall include size and location of lot, size and location of lot, size and location of the building proposed or existing on the lot, dimensions of all yards and adequate grades and elevation to establish proper placement of buildings, sewage disposal systems and property drainage. The building permit fee shall be $10, payable to the city clerk at the time of issuance and made accountable to the city.

(Ord. 808, Sec. 5; Code 2018)

(a)   Granting; Conditions. The board of zoning appeals shall save all the power and duties prescribed by law and by this article to vary or adapt the strict application of any of the requirements of this article in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or the building involved, but in no other case. No variance in the strict application of any provision of this article shall be granted by the board of zoning appeals unless it finds;

(1)   That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood, and that the circumstances or conditions are such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of such land or building;

(2)   That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the board of zoning appeals is the minimum variance that will accomplish this purpose;

(3)   That the granting of the variance will be in harmony with the general purpose and intent of this article and will not be injurious to the neighborhood or otherwise detrimental to the public welfare or in conflict with the master plan. In granting any variance, the board of zoning appeals shall prescribe any conditions that it deems to be necessary or desirable.

(Ord. 808, Sec. 5)

(a)   Created; Membership; Terms: Compensation.

(1)   A board of zoning appeals is hereby created, the board shall consist of three members. The board shall elect a chairperson from its membership, shall appoint a secretary, and shall prescribe rules for the conduct of its affairs.

(2)   The membership of the board of zoning appeals shall consist of taxpayers and residents of the city, appointed by the mayor by and with the consent of the city commission.

(3)   The members first appointed shall serve respective terms of one, two, and three years. Thereafter, members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term.

(4)   The members shall serve without compensation.

(5)   The board of zoning appeals shall administer the details of the application of this article with the general rules set forth in this article.

(b)   Powers and Duties.

(1)   The board shall adopt rules in accordance with the provisions of this article. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The board shall keep minutes of its proceeding, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board, and shall be a public record.

(2)   The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to all property owners within a distance of 200 feet of the property concerned, and decide the same within a reasonable time. It shall be the responsibility of the applicant to furnish names and addresses of all property owners within this 200 feet, at the time of filing his or her application. Upon the hearing, any party may appear in person or by agent or attorney.

(3)   The board shall have the following powers:

(A)  Appeals: to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this article;

(B)  Special Exceptions: To hear and decide special exceptions to the terms of this article which may from time to time come before the board, provided that the granting of special exceptions shall at all times be in conformity with the expressed purpose of this article;

(C)  Variances: To authorize upon appeal in specific cases such variance from the terms of this article as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship and so that the spirit of this article shall be observed and substantial justice done;

(D)  Special Land Use Permits: The board may hear and decide upon the location and restriction of the following land uses:

(i)    Natural production uses,

(ii)   Mobile home park,

(iii)  All proposed land use except agriculture in a designated flood plain.

(4)   In exercising the above mentioned powers, such board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination and may make such order, requirement, decision, or determination and may make such order, decision or determination as ought to be made to uphold the intent of this article.

(5)   The majority vote of the members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect any variation of this article.

(6)   Every decision of the board of zoning appeals shall be by resolution, each of which shall contain a full record of the findings of the board in the particular case. Each such resolution shall be filed in the office of the city clerk, by case number, under one or another of the following headings: interpretation; special exceptions; variances; special land use permit; together with all documents pertaining thereto. The board of zoning appeals shall notify the governing body and the city planning commission of each special permit and each variance granted under the provisions of this article.

(Ord. 808, Sec. 5)

(a)   Interpretation; Conflicts. In interpreting and applying the provisions of this article they shall be held be the minimum requirements for the promotion of the public safety, health, convenience, comfort, propriety, general welfare and the preservation of personal and property rights. It is not intended by this article to interfere with, abrogate or annul any ordinance, rule, regulation or permit previously adopted or issued and not in conflict with any of the provisions of this article, or which shall be adopted or issued, pursuant to law, relating to the use of building or premises, nor is it intended by this article to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this article imposes a greater restriction upon the use of building or premises or requires a larger open space than one imposed or required by such ordinance, rule, regulation or permit or by easements, covenants or agreements, the provisions of this article shall control.

(b)   Administration, Enforcement and Interpretation Authority. The administration, interpretation and enforcement off the terms of this article shall be vested in the chairperson of the city planning commission and in the discharge of these duties, he or she or his or her duly appointed agents shall have the power of entry in or upon any premises.

(Ord. 808, Sec. 5)

(a)   Table 1 - Residential Districts. Density requirements for residential districts shall be as follows:

*If 40 percent of the existing structures along the continuing front lot line of adjoining lots have observed a minimum front yard space, then the minimum front yard space may be reduced to 40 percent observance but in no event shall such front yard space be less than 15 feet.

(b)   Table 2 -Commercial Districts. Density requirements for commercial districts shall be as follows:

(1)   Any residential dwelling must conform to the minimum requirements as set forth in Table 1 under R-3, multi-family residential district, subsection (a).

(2)   If 40 percent of the existing structures along the continuing front lot line of adjoining lots have observed a minimum front yard space, then the minimum open front yard space may be reduced to the 40 percent observance.

(c)   Table 3 - Industrial Districts. Density requirements for industrial districts shall be as follows:

*See section 16-211 for restrictions for an I-1 planned industrial park district. Note: Residential uses located in light industrial districts shall have the same front, side, and rear yard requirements as those noted in an R-3 multi-family district.

(Ord. 808)