Section
63.01
Applicability
63.02
Signs
63.03
Manufactured home
parks
63.04
Non-conformity
63.05
Residential
exclusion
63.06
Non-conformity
regulations
63.07
Conditional uses
63.08
Procedure
63.09
Variance
§ 63.01 APPLICABILITY.
The General Regulations contained within
this Article, shall apply in all Land Use Zoning Districts, and for all
buildings, structures and uses within said district, as said regulations apply
to said uses.
§ 63.02 SIGNS.
(A) No signs shall resemble, imitate or
approximate the shape, color, form or general intent of any sign placed for
vehicular or pedestrian safety.
(B) No sign shall be so placed as to
interfere with vehicular vision or pedestrian safety.
(C) No sign shall be externally
illuminated by flashing or rotating light sources.
§ 63.03 MANUFACTURED HOME
PARKS.
Manufactured Home Parks, established
after the effective date of adoption of this ordinance shall comply with the
following regulations:
(A) No manufactured home shall occupy
more than 25 percent of the lot for the manufactured home.
(B) All manufactured homes shall be
placed on a structurally solid pad.
(C) The wheels or any similar
transporting devices for a manufactured home shall not be removed.
(D) All manufactured homes shall be
anchored or tied down to the pad to prevent overturning or uplifting.
(E) All proposals for new manufactured
home parks shall be presented to the City Council in a preliminary site plan
fashion, prior to the development of a detailed site subdivision.
(F) Manufactured homes shall be located
so as to be no closer than 20 feet in any direction from any other manufactured
home.
(G) A buffer area composed of permanent
plantings and similar landscaping features shall extend at least 50 feet on any
side of a manufactured home park abutting occupied single-family residential
property outside of the manufactured home park.
§ 63.04 NON-CONFORMITY.
Any building, structure, use or
combination thereof, which does not conform to the exact specification of this
ordinance, are hereby deemed and declared to be a non-conformity. Non-conformities shall be subjected to the
following regulations:
§ 63.05 RESIDENTIAL
EXCLUSION.
Any primary structure or use, which is
occupied and used as a residential dwelling unit, shall not be subjected to the
requirements regulating or non-conformities, provided, the following conditions
are met:
(A) A non-conformity exception
certificate is filed with the enforcement officer.
(B) No expansion, which would increase
the non-conformity in regard to dimensional requirements, is undertaken.
§ 63.06 NON-CONFORMITY
REGULATIONS.
The following regulations shall apply
to non-conformities:
(A) No non-conformity may be expanded in
area, size or intensity.
(B) Official notice of the
non-conformity through fire, wind, destructive acts, and other acts of God or
man, to a point where more than 50 percent of the structure of non-conformity
shall not be reestablished, except in conformity with this ordinance.
(C) If any non-conformity is abandoned
or unused for a period of over 12 calendar months, the non-conformity shall not
be reestablished.
§ 63.07 CONDITIONAL USES.
A
conditional use constitutes a use that would not be appropriate generally or
without restriction throughout a land use-zoning district, but which, if
controlled as to number, area, location of relation to a neighborhood would not
be injurious to the public health, safety, or general welfare.
§ 63.08 PROCEDURE.
(A) An applicant for a conditional use
permit shall be made to the enforcement officer, who shall promptly refer it to
the Planning Commission. The application
shall include with the application, all pertinent data and information
specifying that the use would be appropriate in the area requested.
(B) The Planning Commission shall hold
a public hearing on the application.
(C) The Planning Commission shall
submit a report of its findings to the City Council.
(D) Planning Commission shall indicate
its reasons for the recommendation in writing to the Council.
(E) The City Council shall review and
consider the proposal for a conditional use permit at a public hearing, where
all individuals may have an opportunity to be heard.
(F) The City Council shall make its
findings known, and specify in writing, its reasons for their decision.
§ 63.09 VARIANCE.
To assist on the fair and equitable
application of this ordinance, the Board of Adjustment may issue a variance to
the strict and specific regulations of this ordinance, due to irregular shape
of lots, topographic features and unreasonable hardships, which would deprive
the owner of the unreasonable use of the land and building, involved. Variances shall only be issued if the
following conditions are met:
(A)
That the variance
does not change the use of property allowed in a specific zoning district.
(B)
That there are
special conditions or circumstances peculiar to such land and/or buildings and
these conditions do not generally apply to other land and structures in the
neighborhood.
(C) That through no action of the
owner, the property or building would not provide reasonable use of property if
the variance were not granted.
(D) That the variance, if granted,
would not nullify the intent or purpose of this ordinance.
(E) That the variance, if granted,
would allow usage of the building or property in harmony with surrounding uses
of land and buildings.