- APPLICATION OF REGULATIONS
The regulations set by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
No building or other structure shall hereafter be created or altered:
5-2.1.
To exceed the height; or
5-2.2.
To house a greater number of families or occupy a smaller lot area per family or occupy a greater percentage of lot area; or
5-2.3.
To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner be created or altered to be contrary to the provisions of this Ordinance.
5-2.4.
If proposed solar or wind energy system exceeds the height limits imposed in a zoning district, the applicant may seek relief by requesting a variance from the Zoning Board of Appeal. The Zoning Board of Appeal may grant a height variance if the proposed facilities do not infringe the solar skyspace of adjoining structures. For purposes of this ordinance, solar skyspace is the space between a solar energy collector or windmills and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost effective operations.
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
Only one (1) principal building and its customary accessory buildings may hereinafter be erected on any lot zoned residential except as otherwise provided by this Ordinance (see Section 8-1 for exceptions permitting Group Housing Projects).
No lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yard, lot area per family, or other requirements of this Ordinance, are not maintained. This section shall not apply when a portion of a lot is acquired for public purposes.
In the event a screen, wall, fence, planted dividing strip, or any other type of buffer is required by this Ordinance for any use or is required by the Zoning Board of Appeal, such screen, wall, et cetera, shall be subjected to periodic inspections by the Zoning Administrator to determine that such required walls, fences, etc., are being properly maintained in a neat and orderly appearance. Failure to maintain such required walls, fences, etc., to an acceptable standard shall be deemed a violation of this Ordinance.
Existing uses which by terms of this ordinance would be permissible only as special exceptions are hereby declared existing, conforming uses requiring no further action. Any use for which a special exception may be granted as provided in this ordinance, in any district in which such use is provisionally permitted, shall be considered a conforming use once approval is granted by the Zoning Board of Appeal.
The Zoning Administrator has the authority to refuse a permit for a use which is repugnant to the terms of a proposed zoning ordinance or amendment pending at the time of application for a permit. An ordinance is legally pending when the governing body has resolved to consider a particular scheme of rezoning and has advertised to the public its intention to hold public hearings on the subject.
(Ord. of xx-xx-xxxx)
- APPLICATION OF REGULATIONS
The regulations set by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
No building or other structure shall hereafter be created or altered:
5-2.1.
To exceed the height; or
5-2.2.
To house a greater number of families or occupy a smaller lot area per family or occupy a greater percentage of lot area; or
5-2.3.
To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner be created or altered to be contrary to the provisions of this Ordinance.
5-2.4.
If proposed solar or wind energy system exceeds the height limits imposed in a zoning district, the applicant may seek relief by requesting a variance from the Zoning Board of Appeal. The Zoning Board of Appeal may grant a height variance if the proposed facilities do not infringe the solar skyspace of adjoining structures. For purposes of this ordinance, solar skyspace is the space between a solar energy collector or windmills and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost effective operations.
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
Only one (1) principal building and its customary accessory buildings may hereinafter be erected on any lot zoned residential except as otherwise provided by this Ordinance (see Section 8-1 for exceptions permitting Group Housing Projects).
No lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side or rear yard, lot area per family, or other requirements of this Ordinance, are not maintained. This section shall not apply when a portion of a lot is acquired for public purposes.
In the event a screen, wall, fence, planted dividing strip, or any other type of buffer is required by this Ordinance for any use or is required by the Zoning Board of Appeal, such screen, wall, et cetera, shall be subjected to periodic inspections by the Zoning Administrator to determine that such required walls, fences, etc., are being properly maintained in a neat and orderly appearance. Failure to maintain such required walls, fences, etc., to an acceptable standard shall be deemed a violation of this Ordinance.
Existing uses which by terms of this ordinance would be permissible only as special exceptions are hereby declared existing, conforming uses requiring no further action. Any use for which a special exception may be granted as provided in this ordinance, in any district in which such use is provisionally permitted, shall be considered a conforming use once approval is granted by the Zoning Board of Appeal.
The Zoning Administrator has the authority to refuse a permit for a use which is repugnant to the terms of a proposed zoning ordinance or amendment pending at the time of application for a permit. An ordinance is legally pending when the governing body has resolved to consider a particular scheme of rezoning and has advertised to the public its intention to hold public hearings on the subject.
(Ord. of xx-xx-xxxx)