Comprehensive zoning regulations governing district classifications, permitted uses, lot and yard standards, nonconforming uses, amendment procedures, board of adjustment authority, permit processes, and administrative responsibilities within the City of Lenox.
The purpose of this chapter is to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to regulate the use of land and to promote the health, morals, safety and general welfare in the City.
For use in this chapter, the following terms or words shall be interpreted or defined as follows:
1. “Building” means any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.
2. “Dwelling” means a building used as living quarters for one or more families with a minimum width of twenty-two (22) feet for at least sixty-five percent of the length of the dwelling unit (said dimension to be exclusive of attached garages, porches or other accessory structures), placed on permanent frost-free foundation (including garages), provide for a minimum of 770 square feet of floor space, not including mobile home parks. Dwelling facades shall be generally parallel to frontage property lines. The façade shall be determined by the massing of the building. (Ord. 365 – Dec. 14 Supp.)
3. “Home occupation” includes any occupation or profession conducted solely by resident occupants in their places of abode involving primarily service and not the sale of commodities upon the premises, provided that not more than one-fourth of the area of one floor may be used for such purpose and that there are no exterior or interior alterations and provided further no sign is used other than a non-illuminated nameplate which is no more than two (2) square feet in area.
4. “Lot” includes the words “plat” and “parcel.”
5. “Portable building/structure” means a structure or building that is not permanently secured to the ground or not attached to something having a permanent location on/in the ground. All portable buildings/structures less than thirty-two (32) square feet DO NOT require a permit.
6. “Sign” – See Chapter 156.
7. “Structure” means anything constructed or erected, the use of which requires more or less permanent location on/in the ground, or attached to something having a permanent location on/in the ground (i.e. fence).
8. “Used or occupied,” as applied to any land or building, includes the words “intended, arranged or designed to be used or occupied.”
The City is hereby divided into the following districts:
1. Residential District
2. Business District
3. B-2 Downtown Business District
4. Light Industrial District
5. Industrial District
(Ord. 383 – Mar. 19 Supp.)
The location and boundaries of the zoning districts established by this chapter are set forth on the map entitled “Zoning Map” which is located in the City Hall and hereby made a part of this chapter. Said map, together, with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein. (See EDITOR’S NOTE at the end of this chapter for ordinances amending the zoning map.)
Except as hereinafter provided, no building or land shall be used or occupied and no building or part thereof shall be erected, converted, enlarged, reconstructed or structurally altered without a building/occupancy permit in compliance with the district regulations established by this chapter for the district in which the building or land is located.
Nonconforming uses or structures shall be subject to the following:
1. Applicability. For areas of less than one acre, the right to continue the nonconforming use of any land or structure shall be for a period of ten (10) years from the date of enactment of this chapter and thereafter cease unless prior to the passage of ten (10) years the owner or party in possession of said land or structure will file for recording with the Clerk a notice of intention to continue the nonconforming use as provided by Section 165.07.
2. Continuation. Any nonconforming use of land or structures for which there has been no filing of a notice of intention to continue the nonconforming use may, however, thereafter continue for a period of time as may be agreed upon by the Council under such terms and provisions as may be allowed.
Subject to the provisions of Section 165.06, ordinary repairs, alterations or modernization may be made to any structure or portion thereof devoted to a nonconforming use, provided that:
1. No structural alterations may be made to such structure except those required by law or other regulation.
2. No nonconforming use is extended or enlarged.
3. A structure that is devoted to a nonconforming use which is destroyed or damaged in any manner or from any cause whatsoever, to the extent that the cost of restoration to the condition it was before the occurrence shall exceed fifty percent (50%) of the cost of reconstructing the entire structure, shall not be restored unless such structure when restored shall comply with all provisions of this chapter.
4. Abandonment. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be re-established and any subsequent use shall be in conformity with the provisions of this chapter.
5. Substitution. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not, unless waiver be given by the Council for a specific period of time thereafter, be changed to a less restrictive use.
6. Recording of Nonconforming Uses. All continuations of nonconforming uses shall be recorded with the Clerk. The Clerk shall keep a written record available for public inspection. The Clerk shall cause all nonconforming use continuations to be recorded with the County Recorder and shall collect a fee of fifteen dollars ($15.00) plus the County recording fee. The Clerk shall provide forms suitable for such purpose.
No lot shall contain any building used in whole or in part for any purpose unless such lot abuts for at least twenty (20) feet on at least one street, or unless it has an exclusive, unobstructed private easement of access or right-of-way of at least twenty (20) feet wide to a street; and there shall not be more than one single family dwelling or one nonresidential land use for such frontage or easement.
“Accessory building” means a secondary building located on the same lot as the main building, the use of which is naturally and normally incidental to that of the dominant use of the main building or land. No accessory buildings shall be erected in any required court or in any yard other than a rear yard except as hereinafter provided. Accessory buildings shall be at least seven (7) feet in distance from alley lines and from lot lines of adjoining lots which are in residential districts, and on a corner lot, they shall conform to the setback regulations of the principal building, or at least seven (7) feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements for the principal building are complied with. An accessory building which is not a part of the main building shall not occupy more than thirty percent (30%) of the rear yard and shall not exceed twelve (12) feet in height; however, this regulation shall not be interpreted to prohibit the construction of a garage with maximum size four hundred forty (440) square feet on a minimum rear yard.
For corner lots platted or of record after the effective date of this chapter, the front yard regulations shall apply to each street side of the corner lot.
1. Rear Yard. The rear yard requirements for a corner lot shall apply to the open space adjacent to the two lot lines that do not front upon a street. On corner lots platted or of record prior to the official date of the enactment of this chapter, the side yard regulations shall apply to the longer street side of the lot except in the case of reverse frontage where the corner lot faces an intersecting street. In this case there shall be a side yard on the longer street side of the corner lot of not less than fifty percent (50%) of the front yard required on the lots to the rear of such corner lots, and no accessory building or said corner lot shall project beyond the setback line of the lots in the rear; and provided further, this regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street and of record or as shown by existing contract of purchase prior to the official date of the enactment of this chapter to less than twenty-eight (28) feet or to prohibit the erection of an accessory building.
2. Required Yard Reduction. No yard shall be reduced in area so as to make any yard or any other open space less than the minimum required by this chapter. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required under this chapter for another building or structure.
3. Density of Population. In the resident district, lot area shall not be less than 5,000 square feet per lot. There shall be no more than one dwelling unit placed on each lot as platted. This provision shall not apply to dwellings existing in December, 1964.
4. Percentage of Lot Covered by Buildings. All dwellings or other structures, including accessory buildings, shall not cover more than forty percent (40%) of the area of the lot or area, if not platted into lots. If more than one lot or area not platted is used, the percentage shall be computed on the combined size of the space.
5. Width and Depth of Yards. Each lot or area upon which a new building is erected shall conform to the following regulations regarding front and side yards.
A. There shall be a front yard having a depth of not less than twenty-five (25) feet, unless thirty percent (30%) or more of the frontage on the same side of the street between two intersecting streets is improved with buildings that have observed a greater or less depth of front yard, in which instance no new 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 are buildings only upon one side, then beyond the straight line projected from the front of the nearest building, but this regulation shall not be interpreted to require a front yard of more than thirty-five (35) feet. Where the street is curved, the line shall follow the curve of the street, rather than to be a straight line.
B. On corner lots bordering on two intersecting streets, the front yard provided for in paragraph A above shall be provided on both of such intersecting streets.
C. Except as hereinafter provided in the following paragraph, there shall be a side yard on each side of the building having a width of not less than seven (7) feet.
D. Wherever a lot of record has a width of fifty (50) feet or less, the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than four (4) feet.
6. The frontage of dwellings may have additions no less than twenty (20) feet from the right-of-way and shall not obstruct the view of adjoining neighboring properties to intersecting streets in either direction.
Along any zoning boundary line in the less restricted district, any abutting side yard, rear yard or court, unless subject to greater restrictions or requirements stipulated by other provisions of this chapter, shall have a minimum width and depth equal to the average of the required minimum width or depth for such side yards, rear yards or courts in the two districts on either side of such structure shall be determined by increasing the minimum width or depth for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in said more restricted district.
Whenever the plat of a land subdivision approved by the Planning Commission and on record in the office of the County Recorder shows a setback building line along the frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard required in this chapter unless specific yard requirements in this chapter require a greater setback. [See Subsection 165.10(6).]
Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the others in respective zoning classification and for the purpose of applying the regulations of this chapter, each portion shall be considered as if in separate and different ownership.
In the event that new territory becomes a part of the area of jurisdiction of this chapter by reason of annexation, consolidation or detachment from any municipal corporation or otherwise, such territory shall automatically be classified a residential district and unless otherwise rezoned in accordance with the amendment proceedings hereof, provided, however, that any zoning classification in effect prior to such annexation or other extension of jurisdiction shall remain in full force and effect until changed or amended in accordance with the procedures and requirements prescribed for such change or amendment by this chapter.
In case any territory subject to the jurisdiction of this chapter has not been specifically included in any of the aforesaid districts, such territory shall automatically be classified as a residential district, until or unless otherwise rezoned in accordance with the amendment proceedings hereof; provided, however, any zoning classification in effect prior to the enactment of this chapter shall remain in full force and effect until changed or amended in accordance with the procedures and requirements prescribed for such changes or amendments by this chapter.
No building in any district shall exceed the height of three stories without approval of the Board of Adjustment.
Multiple family dwellings shall have a minimum of one and one-half off-street parking spaces for each family unit.
Buildings in the business district shall be permitted to build to the lot line.
The following uses are prohibited: all uses of land, buildings and structures or industrial processes that may be noxious or injurious by reason of the production of emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration or similar substances or conditions, and in general, those uses which have been declared a nuisance in any court of record, or which may be unreasonably obnoxious, unhealthful or offensive by reason of the omission of odor, dust, smoke or noise.
The side yard requirements and restrictions contained in this chapter shall not be construed to prevent an owner of contiguous lots of property from building over the common side lot line between said contiguous lots so long as the applicable minimum lot area requirements, minimum lot frontage requirements, minimum side yard requirements as they pertain to any boundaries not under common ownership, and the minimum rear yard requirements are met. If the owner of said contiguous lots should sell all or a portion of either contiguous lot, in such event, the portion retained and the portion sold shall comply with the minimum side yard requirement of 165.10 (5) (C).
1. This chapter shall be enforced by a zoning administrative officer. All building/occupancy permits shall be issued and signed by the Zoning Administrator. The charge for a building/occupancy permit application shall be determined by Council resolution. Administrative and clerical requirements shall be furnished by the Clerk.
2. When the Zoning Administrator is apprised of any violation of this chapter or the disregard or ignorance of any of the provisions thereof, said officer shall therewith, after proper investigation and confirmation, notify the owner of the property or owner’s agent in writing and, if prompt correction is not made within three (3) days, then the Zoning Administrator shall notify the Mayor and City Attorney.
3. The Zoning Administrator may refuse or shall suspend permits subject to appeal to the Board of Adjustment.
The following uses of land are permitted in a residential district.
1. One and two-family dwelling units and with the approval of the Council, two or more multiple family dwelling units.
2. Churches and places of worship and parochial schools.
3. Public schools, public libraries, parks, playgrounds.
4. Greenhouses and customary agricultural operations.
5. Small home occupations, provided there are no signs or other evidence of such use other than a small announcement or professional sign in compliance with Section 165.02(3) of this chapter.
6. Acreages and all customary or usual farming operations in connection therewith.
7. Other customary accessory uses and buildings provided such uses are incidental to the principal use and do not include any activity conducted as a business.
8. “Bed and breakfast” means a dwelling for which transient lodging is provided for roomers for compensation. The number of rooming units shall not exceed four (4). Meals may be served to overnight guests. Use as a bed and breakfast is subject to approval by the Lenox City Council after a public hearing. In making its determination the City Council shall consider all of the following:
A. The proposed location, design, construction, and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property;
B. Such use shall not impair an adequate supply of light and air to surrounding property;
C. Such use shall not unduly increase congestion in the streets, or public danger of fire, safety and flood;
D. Such use shall not diminish or impair established property values in adjoining or surrounding property;
E. Such use shall be in accord with the intent, purpose and spirit of this chapter and the City’s comprehensive plan;
F. Such property is adequately supervised by either the owner or their agent to ensure the proper care and maintenance of the property, to ensure the health and safety of its guests, and so that the property will comply with the Lenox Code of Ordinances; and
G. Such use shall make provisions for adequate off-street parking to accommodate its maximum occupancy.
(Subsection 8 – Ord. 382 – Feb. 19 Supp.)
9. Family homes, elder homes, licensed care facilities and licensed residential care facilities.
(Sec. 165.22 - Ord. 327 – Jul. 05 Supp.)
The following regulations and uses permitted shall apply in the business district:
1. All the uses permitted in any residential district shall be permitted.
2. Stores and shops for the conducting of any lawful retail business.
3. Personal service shops.
4. Banks, theaters, offices, restaurants.
5. Garages and filling stations upon the approval of the Board of Adjustment and subject to such conditions and safeguards as deemed appropriate by such Board, and upon the securing of a permit therefor, subject to the following provisions:
A. Pumps and lubricating or other devices are located at least fifteen (15) feet from any street line or highway right-of-way.
B. All fuel, oil or similar substances are stored at least twenty-five (25) feet distance from any street or lot line.
6. Wholesale businesses except those which may be noxious or injurious by reason of the production of emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration or similar substances or conditions, and in general, those uses which have been declared a nuisance of any court of record, or which may be unreasonably obnoxious, unhealthful or offensive by reason of the emission of odor, dust, smoke or noise.
7. The wholesale or bulk storage of petroleum and other explosive or combustible mixtures is permitted subject to conformance to all rules, regulations by the Fire Chief and fire or safety ordinances pertinent to the storage of such products.
8. Other uses permitted:
A. Advertising signs and billboards.
B. Amusement places.
C. Professional businesses.
D. Auction establishments.
E. Bakeries, beauty salons.
F. Electric sales and repair shops; appliance, radio, television sales, hardware, carpet sales.
G. Freight stations.
H. Hotels and motels.
I. Laundries and cleaning establishments including all types of coin-operated laundries and cleaning establishments.
J. Blacksmith and locksmith shops.
K. Telegraph-telephone service stations.
L. Painting and decorating shops.
M. Photographic galleries.
N. Plumbing shops.
O. Police and fire department stations; City, State or Federal administrative and operational buildings.
P. Post Offices.
Q. Printing, newspaper shops.
R. Railroad passenger station.
S. Recreation buildings and structures, lodge halls, legion posts, etc.
T. Roofing and plastering shops or both.
U. Sales and/or show rooms.
V. Shoe repair shops, shoe sales, clothing sales.
W. Undertaking establishments.
X. Rodeo and fair grounds.
Y. Cattle auction or sales establishments.
Z. Restaurants, taverns, lounges, food sales.
AA. Variety stores.
BB. Banks and financial institutions.
CC. Real estate offices, insurance sales.
DD. Jewelry stores, barber shops.
EE. Auto sales, auto repair.
FF. Libraries.
GG. Tractor and implement services and service vehicle.
HH. Feed sales, lumber yards.
II. Egg and food processing plants.
JJ. Schools or academies.
KK. Any other business of a nature similar to those indicated and which, in the opinion of the Board of Adjustment, are of the same general character as those listed above and which will not be detrimental to said district.
LL. Carpenter and cabinet shops. (Ord. 334 – Dec. 07 Supp.)
The following regulations and used permitted shall apply in a light industrial district:
1. All the uses permitted in any residential district shall be permitted.
2. Light industrial manufacturing and fabricating establishments and services such as the following are permitted:
A. Laboratories - experimental and testing.
B. Manufacturing or assembly of products not causing noxious fumes, smoke, odors or sounds.
C. (Repealed by Ordinance 333 – Dec. 07 Supp.)
D. Bakeries.
E. Other uses of a nature which would be incidental to the permitted uses. No use shall be permitted to be established or maintained which by reason of its nature or manner of operation is or may become hazardous, noxious, offensive or will pollute the air or water due to emission of dust, fumes, noise, odor, or water carried wastes except in the quantities permitted by State law.
1. No building within the light industrial district shall exceed thirty-five (35) feet in height.
2. Each parcel in a light industrial district shall have a front yard which is not less than that required by Section 165.27 of this chapter.
3. A minimum of one off-street parking place shall be provided for every employee employed by each industry or business within a light industrial district.
4. An internal physical barrier or buffer bordering the district shall be maintained by the industry or business so as to reduce the possible harmful or detrimental influence and contrast of this district on the abutting residential district. Permitted barriers or buffers may at a minimum be one of the following:
A. A buffer wall which shall not be less than six (6) feet in height constructed of a permanent low maintenance material approved by the Zoning Administrator such as concrete block, cinder block, brick, concrete, pre-cast concrete, tile block, etc.; the wall shall be designed by an architect or engineer for both structural adequacy and aesthetic quality; the use of weather resistant wood, metal or manufactured substitutes may be used as an accessory material for aesthetic quality.
B. A natural hedge screen or buffer with predominant planting of evergreen trees, shrubs and plants so when grown as to assure year-round effectiveness, shall be allowed. The density and height of planting shall be subject to the Zoning Administrator’s approval and shall be adequate to serve as a solid and unpenetrable screen.
C. The burden of provision and selection of the buffer shall be on the occupier of the light industrial district with the approval of the Zoning Administrator.
D. Where the border of the light industrial district follows a street right-of-way, railroad, stream, or other similar barrier, the requirement for a buffer may be waived or delayed such reasonable time, not to exceed two (2) years, as the Zoning Administrator may provide. This waiver or delay may be renewed at the expiration of each period of time.
The following regulations and uses permitted shall apply in an industrial district.:
1. All uses not otherwise prohibited by law except any residential use, or uses otherwise prohibited by ordinance.
2. Junk yards, or automobile wrecking yards, scrap iron, scrap paper or rag storage. Sorting or baling must be entirely enclosed within a fence, or by other means of concealment as approved by the Board of Adjustment.
Each lot in the industrial district shall have a front yard not less than fifty (50) feet in depth.
Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Council may by ordinance, after advice thereon by the Planning and Zoning Commission and subject to the procedure provided in this chapter, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by the zoning ordinance or amendments thereof. It is the duty of the Planning and Zoning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this chapter.
Applications for any change of district boundaries or classifications of property as shown on the zoning map and for regulation amendments shall be submitted to the Planning and Zoning Commission upon such forms, and all shall be accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Such data shall include in any event a plat or map drawn to a scale of not less than two hundred feet to the inch (200' = 1") showing the land in question, its location, the length and location of each boundary thereof, the location of properties within three hundred (300) feet of such land. Each such application shall be verified by at least one of the owners or lessees or property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. Applications for amendments or district changes initiated by the Commission itself shall be accompanied by its own motion pertaining to such amendment. Any person or persons desiring a change in the zoning classification of property shall file with the application for such change a statement giving the name and addresses of the owners of all properties lying within three hundred (300) feet of any part of the exterior boundaries of the premises the zoning classification of which is proposed to be changed.
Before submitting its recommendations to the Council, the Planning Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the City not less than seven (7) or more than twenty (20) days before the date of such hearing. The Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be denied. These recommendations shall then be certified to the Council.
After receiving from the Commission the certification of said recommendations on the proposed amendment or supplement, and before adoption of such amendment, the Council shall hold a public hearing thereon, no less than seven (7) or more than twenty (20) days’ notice of the time and place of which shall be given by publication in a newspaper of general circulation in the City. Following such hearing and after reviewing the recommendations of the Commission thereon, the Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the ordinance or the zoning map. The Council may overrule the recommendations of the Commission by three-fourths vote of the full membership of the Council.
Whenever the Council has taken under advisement a change or amendment of the zoning map from a less restricted district to a more restricted district classification, no zoning certificate or building permit shall be issued within sixty (60) days from the date such change or amendment was taken under advisement which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated redistricting plan.
A Board of Adjustment is hereby created. The Board shall consist of five (5) members appointed by the Mayor and approved by the Council, each to be appointed for a term of five (5) years. The terms of office of members of the board are staggered so that in one year, one member is appointed and in each of the next two years two members are appointed. Members are removable for cause by the Mayor and the Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Terms shall be deemed to expire on July first of the applicable year.
The Board of Adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure and keep a public record of all findings and decisions. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Each session of the Board at which an appeal is to be heard shall be a public meeting with public notice of said meeting and business to be carried on, published in newspaper of general circulation in the City at least one time seven (7) days prior to the meeting. The board shall act within thirty (30) days upon receipt of an appeal. The Clerk is the official Secretary to the Board.
An appeal in writing may be taken to the Board of Adjustment by any person, group or organization, public or private, affected by a decision of the Zoning Administrator. Such appeal shall be taken within such time as prescribed by the Board by general rule, by filing with the Zoning Administrator notice of appeal specifying the grounds thereof. A fee of fifteen dollars ($15.00) plus the cost of notice of publication shall accompany all notices of appeal. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
The Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged there is an error in any other requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter and may affirm or reverse in whole or part a decision of the Zoning Administrator.
2. To hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship due to the circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The Board of Adjustment may impose conditions which shall be in writing and signed by the parties involved in the granting of variance to insure compliance and to protect adjacent property.
3. To hold public hearings on, and decide the exceptions to or variations of this chapter as would be in harmony with the intent of this chapter.
4. To permit the extension of a district where the boundary line thereof divides a lot held in single ownership at the time of adoption of this chapter.
5. Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan.
6. Permit reconstruction of a nonconforming building otherwise prohibited.
7. Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this chapter would prevent a reasonable or sensible arrangement of buildings on the lot.
8. After public notice and hearing, decide such other matters concerning this chapter as may be necessary to carry out the intent of this chapter and prevent undue hardship.
The Zoning Administrator shall enforce this chapter and in addition thereto and in furtherance of said authority:
1. The Clerk shall receive all applications for permits required by this chapter and will notify the Zoning Administrator to take action on the application.
2. The Zoning Administrator shall investigate all appropriate facts and conditions of the application and upon positive analysis shall authorize the Clerk to issue all zoning certificates and maintain records thereof.
3. The Clerk shall issue all occupancy permits and make and maintain records, thereof and publish as a part of Council meeting minutes.
4. The Zoning Administrator shall conduct inspection of buildings, structures, and use of land to determine compliance with the terms of this chapter.
5. The Clerk shall maintain permanent and current records of the zoning ordinance, including, but not limited to, all maps, amendments, uses on review and variances.
6. The Clerk and Zoning Administrator shall provide and maintain a public information service relative to all matters arising out of the zoning ordinance.
7. The Clerk shall forward to the Council and Planning and Zoning Commission all applications for amendments to the ordinance.
8. The Zoning Administrator shall transmit to the Board of Adjustment applications for appeals, variances, uses on review or other matters on which the Board of Adjustment is required to pass under the ordinance.
9. The Zoning Administrator shall initiate, direct and review from time to time a study of the provisions of the zoning ordinance and make reports of recommendations to the Planning and Zoning Commission and the Council.
The following procedures apply to the application for a building/occupancy permit:
1. Every application shall be filed with the Clerk.
2. The application shall be accompanied by plans in duplicate, drawn to approximate scale on the form, showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part.
3. The application shall show the exact location, size and height of any building or structure to be erected or altered.
4. In the case of a proposed new building or structure or proposed alteration of an existing building or structure as would substantially alter its appearance, drawings or sketches showing the front, side and rear elevations of the proposed building or structure, or of the structure as it will appear after the work for which a permit is sought shall have been completed.
5. The existing and intended use of each building or structure or part thereof shall also be shown.
6. The number of families or housekeeping units the building is designated to accommodate shall be shown.
7. The exterior covering to be used shall be indicated, so as to be finished by standard local practices.
8. When no buildings are involved, the location of the present use and proposed use to be made of the lot shall be given, along with such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter.
9. One copy of such application and plans shall be returned to the applicant when such plans shall have been approved by the Zoning Administrator, together with such building/occupancy permit as may be granted.
10. All dimensions shown on these plans related to the location and size of the lot to be built upon, shall be based on actual survey.
11. The lot and the location of the building hereon shall be staked out on the ground before construction is started.
In every case where the lot is not provided and is not proposed to be provided with public water supply and/or the disposal of sanitary wastes by means of public sewers, the application shall be accompanied by certificate of approval by the administrator of the proposed method of water supply and/or disposal of sanitary wastes and proof of conformance to State and Federal public health and water pollution codes.
1. No building, structure or dwelling or addition thereto and no addition to a previous existing building, structure or dwelling shall be constructed until there has been approval of a building permit. The application therefor is to be accompanied by a “Filing Plan” defined in Section 165.38 and approval of the proposed method of water supply and/or disposal of sanitary wastes as provided in Section 165.39. A permit is required any time the ground is broken other than for landscaping (flowers, shrubs, trees) in compliance with regulations in this chapter, or for a new building, a new structure, an addition, patio, sidewalk, driveway, fence or any and all other additions to property except for which exceptions have been provided for in this chapter.
2. It is unlawful for any owner, lessee or tenant to occupy any structure, building or land, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until final inspection approving all construction and/or structural alterations has been received by the Zoning Administrator. Approval shall be designated by a signature of the Zoning Administrator in the “Completion Approval” section of the building permit.
3. Contractors/contracted laborers are not permitted to initiate work applicable under this chapter until the property owner has acquired the required permit.
4. A building/occupancy permit approval shall not be complete until the Zoning Administrator performs a final inspection to verify compliance with the original application and all regulations of this chapter.
5. Noncompliance of any or all of the regulations in this chapter shall be a municipal infraction and subject to fines as provided.
6. The appropriate permit fee as set forth below shall accompany all applications for a building permit, no portion of which fee shall be refunded unless the building permit is refused. The permit fee shall be made payable to the City and, upon request, the applicant shall be issued a receipt therefor. Fees apply to all permanent structures, buildings or dwellings as well as portable structures/buildings over thirty-two (32) square feet in dimension.
Sidewalks........................................... No Fee Required
Driveways.......................................... See Chapter 140
Fences................................................ $.10 per linear foot
.......................................................... (Maximum $25.00)
Other Construction:
Residential ................................... $25.00 Minimum
Unoccupied Structures.................. $.05 per square foot in dimension
Occupied Buildings, Dwellings..... Based on first floor dimensions
First 1500 square feet............. $.10 per square foot
All over 1500 square feet ....... $.025 per square foot
Business, Industrial ...................... $.05 per square foot
.................................................... (Maximum $1,000.00)
All permits shall be clearly posted by the zoning permit applicant and at all times be readily visible from the public street abutting the front lot line.
The Zoning Administrator shall act upon the building portion of the application on which he is authorized to act by the provisions of this chapter within thirty (30) days after they are filed in full compliance with all the applicable requirements. The Zoning Administrator shall either issue the building section of the building/occupancy permit within said thirty days or shall notify the applicant in writing of the refusal of such permit and the reasons therefor. Failure to notify the applicant in case of such a refusal within said thirty days shall entitle the applicant to a building/occupancy permit unless the applicant consents to an extension of time. The Zoning Administrator (or in the absence of the Zoning Administrator, a designated authorized City official) shall act upon the final inspection within ten (10) business days after the date of notification of completion of the project. Failure to begin performance of the final inspection within the ten business days shall entitle the applicant to occupy the applicable building or dwelling.
A copy of all permits, certificates, plans, buildings, plats and actions by the Board shall be recorded with the Clerk. The Clerk shall keep all records on file for public inspection.
The Zoning Administrator shall keep accurate records to be filed with the Clerk pertaining to actions taken to carry out the duties of this chapter. These records shall be open for public inspection.
No utility service shall be permanently turned on until the building/occupancy permit has been issued, except that temporary connections may be made under permits issued by the utilities for construction purposes only.
This district is composed of land and structures used primarily to provide retail trade, personal and business services of all kinds that contribute to the construction of a concentrated regional shopping and business center. The regulations are designed to permit a highly concentrated development of the permitted uses with the district. Residential uses are not permitted in the B-2 Downtown Business District, EXCEPT for the following:
1. Apartment units above the first floor; and
2. First floor apartments that do not exceed 40% of the square footage of the floor and which do not front Main Street; and
3. Completed existing apartment units on first floor at the time of adoption of this chapter.
The following regulations and uses permitted shall apply in the B-2 Downtown Business District:
1. Stores and shops for the conducting of any lawful retail business.
2. Personal service shops.
3. Banks, theaters, offices, restaurants.
4. Other uses permitted:
A. Advertising signs and billboards.
B. Amusement places.
C. Professional businesses.
D. Bakeries.
E. Bowling alleys.
F. Business or commercial schools.
G. Dancing or music studio for private instruction.
H. Barber shops or beauty parlors.
I. Electric sales and repair shops; appliance, radio, television sales, hardware, carpet sales.
J. Hotels and motels.
K. Grocery stores.
L. Interior decorating shops.
M. Painting and decorating shops.
N. Photographic galleries.
O. City, State or federal administrative and operational buildings.
P. Auto repair shops.
Q. Medical clinics.
R. Plumbing shops.
S. Printing, newspaper shops.
T. Recreation buildings and structures, lodge halls, legion posts, etc.
U. Roofing and plastering shops or both.
V. Fitness or wellness centers.
W. Sales and/or show rooms.
X. Shoe sales, clothing sales.
Y. Taverns.
Z. Real estate offices.
AA. Insurance sales.
BB. Jewelry stores.
CC. Libraries.
DD. Carpenter and cabinet shops.
(Section 165.46 – Ord. 383 – Mar. 19 Supp.)
The following ordinances have been adopted amending the Official Zoning Map described in Section 165.04 of this chapter and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect.
| ORDINANCE NO. | DATE ADOPTED | ORDINANCE NO. | DATE ADOPTED |
|---|---|---|---|
| 117 | 12-64 | ||
| 118 | 6-1-66 | ||
| 131 | 4-7-70 | ||
| 172 | 4-18-77 | ||
| 176 | 5-23-77 | ||
| 179 | 7-6-78 | ||
| 196 | 2-9-81 | ||
| 200 | 11-9-81 | ||
| 241 | 1-22-90 | ||
| 294 | 3-9-98 | ||
| 312 | 4-23-01 | ||
| 384 | 2-25-19 |
