The height limitations of this chapter shall not apply to church spires, steeples, belfries, flag poles, monuments, cupolas, domes, ornamental towers nor to observation towers not intended for human occupancy, water towers, transmission towers, radio or television towers or aerials, chimneys, smokestacks, conveyors, derricks, parapet walls, or to necessary mechanical roof appurtenances extending not more than four feet above the roof line of the building.

(Ord. of 8-18-2014, § 99.9.20)

When a lot of record existing at the time of the adoption of a particular provision requiring a certain minimum lot width, has an area or a width that is less than the width required by the new regulation,, the existing lot of record may be used, subject to the following exceptions and modifications:

(1)

Adjoining lots. When two or more adjoining lots of record with continuous frontage are in one ownership at any time after the adoption or amendment of this chapter and such lots, individually, have an area or width that is less than required by this chapter, such groups of lots may be considered as a single lot or several lots of the minimum width and area required in the district in which they are located

(2)

Individual lot not meeting minimum lot size requirements. Except as set forth in subsection (1) of this section, in any district in which single-family dwellings are permitted, any lot of record existing at the time of adoption or amendment of this chapter, which has an area, width or depth less than that required by this chapter, may be used as a building site for a single-family dwelling. In the case of such a lot, when it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling, the planning commission is hereby authorized to reduce the side yard requirements for such lot the minimum amount necessary for a reasonable dwelling, but in no case shall each of the side yards be less than five feet in width.

(Ord. of 8-18-2014, § 99.9.30)

The front yard requirements of this chapter shall not apply on any lot where the average depth of the front yard of existing buildings, located wholly or in part within 100 feet on each side of such lot within the same block or zoning district and fronting on the same side of the street, is less than the minimum required front yard depth. In such cases, the depth of the front yard on such lot may be less than the required front yard depth but shall not be less than the average of the front yards of the aforementioned existing buildings.

(Ord. of 8-18-2014, § 99.9.40)

A temporary building or manufactured home for use in connection with a construction project or land subdivision development may be permitted on the land of the project during the construction period and for no more than six months upon approval of the requirements provided in the Code. If the builder would like to request an extension of time, they would need to receive a permit of approval from the city manager. No trailer, mobile home or manufactured home will be permitted for use as a permanent commercial building. This regulation does not exclude the use of manufactured commercial buildings that are set on a permanent slab foundation.

(Ord. of 8-18-2014, § 99.9.50)

The lawful use of any building or structure or land existing at the time of the enactment or amendment of this chapter may be continued, even though such use does not conform with the provisions of this chapter, except that the nonconforming use shall not be:

(1)

Extended to occupy a greater area of land.

(2)

Extended to occupy a greater area of a building or structure unless such additional area of the building or structure existed at the time of the passage or amendment of this chapter and was clearly designed to house the same use as the nonconforming use occupying the other portion of the building or structure.

(3)

Re-established after discontinuance for six months. Nothing herein shall be considered to approve or give legality to any nonconforming use which has been discontinued more than six months within the city. The holding of an occupational tax certificate does not in itself constitute continuance of a business.

(4)

Changed to another nonconforming use in a different zoning classification without approval of application for rezoning. For the purposes of this section, the districts shall have priority as established by the order of their listing in article I of this chapter (for example, a commercial classification would be of a lower priority than a residential classification).

(Ord. of 8-18-2014, § 99.10.10)

A building occupied by a nonconforming use at the time of the enactment or amendment of this chapter may be retained except that it shall not be:

(1)

Enlarged, altered or rebuilt except in conformance with this chapter but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition.

(2)

Rebuilt, altered or repaired after damage exceeding 50 percent of its replacement cost at the time of destruction. Where damage is less than 50 percent of the replacement cost, reconstruction must be initiated within six months of incurring damage and completed within one year of incurring damage. Nonconforming uses may not be enlarged in the process of reconstruction or replacement.

(Ord. of 8-18-2014, § 99.10.20)

All existing residential structures which do not conform to this chapter may be rebuilt upon damage by fire or other casualty to the pre-damaged use and size.

(Ord. of 8-18-2014, § 99.10.30)