(a)

Building permits and uses.

(1)

Building permits shall be required for all construction within the city. Construction is any and all alterations, additions, and enlargements to lands, buildings or structures and the moving of buildings and structures. Separate permits shall be required for plumbing, electrical, mechanical and/or structural work. All boat docks shall require a building permit for construction. All work regardless of value shall be subject to the requirements of this Land Development Code.

(2)

No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used or designed to be used for any purpose or in any manner other than as designated in this Land Development Code as amended, as permitted in the district in which such land, building, structure or premises is or are located, without obtaining the necessary land use classification, zoning district and/or building permits.

(3)

All construction must meet the requirements set forth in the city Code.

(4)

Each application for a building permit shall be accompanied by the required number of sets of construction plans, and certified copies of a plot plan of the property signed and sealed by a surveyor, engineer, architect or contractor licensed by the state, which shows all improvements to the property as necessary for the type of project being submitted. The plot plan shall be drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of all existing structures, swimming pools, fences, driveways and patios, and other such information as may be necessary or required by the city manager or the city manager's designee to provide for the enforcement of the city Code. The plot plan shall also indicate the location of the proposed building or structure, which may be drawn by the applicant. A record of all applications for building permits, including plot plans shall be maintained by the city for five years.

(5)

Each application for a building permit shall be accompanied by proof of lot ownership. If the applicant is not the property owner, then a notarized letter from the property owner stating that the applicant is acting on behalf of and with the consent of the property owner, shall be required.

(6)

A plot plan is not required for the following building permits: electrical, heating, air conditioning, refrigeration, ventilation, reroof or plumbing. A plot plan which conforms to subsection (a)(4) of this section shall be required for all other permit applications.

(b)

Height. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limit established in this Land Development Code or amendments thereto, for the district in which such building or structure is located.

(c)

Site requirements. No building or structure shall be erected, nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, in size or area, except in conformity with the building site requirements, and the area and parking space and yard regulations established by this Land Development Code as amended for the district in which such building or structure is located.

(d)

Density of population. No building, structure or premises shall be erected or occupied or used so as to provide for a greater density than is allowed under the terms of this Land Development Code for the district in which such building, structure or premises is or are located.

(e)

Open space use limitation. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this Land Development Code as amended shall be considered as providing a yard or open space for any other building or structure.

(f)

Required lot and occupancy. Every building and structure hereafter erected shall be located on a lot or tract as defined herein; and in no case shall there be more than one principal building or use on one lot except as provided in section 54-3 regarding nonconforming uses.

(Ord. No. 92-6, ch. I, art. B, § 5, 12-15-1992; Ord. No. 98-1, 3-3-1998; Ord. No. 03-09, 2-4-2003; Ord. No. 04-10, 8-3-2004)

(a)

When two or more adjoining vacant lots with continuous frontage are under single ownership on or after October 7, 1957, and one or more of such adjoining lots have a width or lot area less than is required by the dwelling district in which they are located, such substandard lot or lots shall be aggregated so as to create one or more lots, each of which shall conform to the minimum width and area requirements in effect at the time of aggregation for the district in which they are located, and the substandard lot or lots so aggregated shall be considered one tract.

(b)

If a lot or parcel of land zoned for single-family residential use has an area or width which does not conform with the requirements of the district in which it is located, but was a lot of record in the county prior to October 7, 1957, such lot or parcel of land may be used for a single-family dwelling, provided the minimum yard requirements, minimum floor area requirements, and height requirements are maintained and provided the lot has not been previously aggregated pursuant to the requirements of subsection (a).

(c)

When a lot or parcel of land has a frontage which does not conform with the requirements of the district in which it is located, but has sufficient lot area and was a lot of record on January 1, 1992, then such lot or parcel of land may be used for a single-family dwelling in any residential district, provided the minimum required setbacks are maintained.

(d)

When a lot or parcel of land located in an R-1-AAA zoning district has an area or width which does not conform with the requirements of the district and was a lot of record in the county prior to October 7, 1957, such lot or parcel of land may be used for a single-family dwelling provided the minimum yard requirements, minimum floor area requirements, or height requirements are maintained and provided the lot has not been aggregated pursuant to the requirements of subsection (a). In no event shall such lot or parcel of land be approved for a lot split or subdivision.

(Ord. No. 92-6, ch. II, art. C, § 1, 12-15-1992; Ord. No. 05-09, § 3, 5-7-2005; Ord. No. 12-01, §§ 1, 3, 3-6-2012; Ord. No. 19-03, § 5, 7-2-2019)

(a)

Intent. It is the intent of this article that the lawful use of any building, structure or land existing at the time of adoption of this Land Development Code may be continued although such use does not conform with the provisions of this Land Development Code, provided the conditions of this section are met.

(b)

Unsafe structures or buildings. Any structure or building or portion thereof declared unsafe must be restored to a safe condition or demolished. Reconstruction to begin within 180 days after being declared unsafe.

(c)

Construction approved prior to code. Nothing herein shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six months of the date of such permit.

(d)

Alteration. A nonconforming building may be maintained and repairs and alterations may be made, except that in a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law. Repairs such as plumbing or the changing of partitions or other interior alterations are permitted.

(e)

Extension. Buildings or structures or uses of land which are nonconforming shall not be extended or enlarged. Any use may be extended if such conforms with current regulations for the district in which it is located.

(f)

Abandonment. When a nonconforming use of land or buildings has been discontinued for 180 days or more, its future use shall be a use permitted in the district in which said land is located.

(g)

Change to another use. A nonconforming use now existing may be changed to another nonconforming use of equal or improved character when approved by the council, upon recommendation of the board.

(h)

Restoration. A nonconforming building or structure which is hereafter damaged or destroyed to the extent of 75 percent or more of its assessed value by flood, fire, explosion, earthquake, war, reconstruction, riot, or act of God may not be reconstructed or restored for use except in compliance with the regulations of this Land Development Code.

(Ord. No. 92-6, ch. II, art. C, § 2, 12-15-1992; Ord. No. 03-08, 2-4-2003)

(a)

Intent. This section delineates the density and intensity at which building may occur in the residential land use classifications. Density regulation is one way to ensure consistency between the zoning category and the land use classification assigned to a particular piece of property. For residential development, density shall be defined as net residential density. For commercial development, intensity shall be determined by using a floor-to-area ratio. The floor-to-area ratio is defined as the total area of the building divided by the total acreage of the site excluding wetlands and other waterbodies. Conservation, recreation and open space, and public lands shall utilize a impervious surface ratio to determine the level of intensity at which development is permitted.

(b)

Agricultural and residential densities.

(c)

Professional-office and commercial floor-to-area ratio. Development within the professional-office and commercial land use classification is measured by intensity of development rather than the density. The floor-to-area ratio is one method used to measure a development's intensity.

(d)

Densities for conservation, recreation and open space and public land use classifications.

(Ord. No. 92-6, ch. II, art. C, § 6, 12-15-1992)