In interpreting and applying the provisions of this title, such provisions shall be construed to be the minimum requirements for the promotion of the public health, safety, and welfare; therefore, where this title imposes a greater restriction upon the use of the buildings or premises, or upon the height of buildings, or requires larger open spaces than those imposed or required by other laws, ordinances, rules or regulations, the provisions of this title shall control.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

No building or structure shall be erected, reconstructed, structurally altered, enlarged, or moved, nor shall any building, structure or land be used or designed to be used for any use other than is permitted in the zone in which such buildings, structure or land is located, and there only after proper application for and securing of all permits and licenses required by all applicable state and local laws.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

All applications and requests provided in this title shall be deemed filed upon the submission of all the information, materials, and fees required by this title.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A pre-existing lot which is substandard with respect to area or dimension may be occupied by a use permitted in the applicable zoning district. The use allowed shall be that which comes closest to meeting the requirements of this title.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The following exceptions to the front yard requirement for a dwelling are authorized for a lot in the R district:

A.

If there are dwellings on both abutting lots with front yards of less than the required depth for the district, the front yard for the lot need not exceed the average front yard of the abutting dwelling;

B.

If there is a dwelling on one abutting lot with a front yard of less than the required depth for the district, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The following types of structures or structural parts are not subject to the height limitations of this regulation: chimneys, cupolas, tanks, church spires, belfries, domes, monuments, fire and hose towers, water towers, elevator shafts, and other similar projections.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Every lot shall abut a street, for a width of at least twenty-five feet, except lots that do not abut a street may be approved by the council when the following conditions exist:

A.

When the council has approved the creation of an easement for access to a lot;

B.

When a parcel of land is on isolated ownership where not more than two lots can be developed, or where access is by easement which was created in advance of the effective date of the ordinance codified in this title.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

The planning commission may rule that a use, not specifically named as an allowed use in a district, shall be included among the allowed uses if the use is of the same general type and is similar to the allowed uses. However, this section does not authorize the inclusion, in a district where it is not listed, of a use specifically listed in another district.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

Nothing contained in this title shall require any change in the or designated use of plans, construction, alteration, a structure for which a building permit has been issued and construction has commenced prior to the adoption of the ordinance codified in this title, except that if the designated use will be nonconforming it shall, for the purpose of Chapter 17.48, be a discontinued use if not in operation within two years of the date of issuance of the building permit.

(Ord. 447 §1(part), 2004: Ord. 438 §3 Exh. C (part), 2003)

A person may not use any property for cemetery or burial park purposes unless the person is the owner of the property, has written consent from the appropriate governing body, maintains records of disposition, and discloses the disposition of human remains upon sale of the property.

(Ord. No. 536, § 1, 8-24-10)

A.

The following transportation facilities, services and improvements need not be subject to land use regulations except as necessary to implement the transportation system plan and, under ordinary circumstances do not have a significant impact on land use:

1.

Operation, maintenance, and repair of existing transportation facilities identified in the TSP, such as road, bicycle, pedestrian, port, airport and rail facilities, and major regional pipelines and terminals;

2.

Dedication of right-of-way, authorization of construction and the construction of facilities and improvements, where the improvements are consistent with clear and objective dimensional standards;

3.

Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result;

4.

Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed.

B.

To the extent, if any, that a transportation facility, service or improvement concerns the application of a comprehensive plan provision or land use regulation, it may be allowed without further land use review if it is permitted outright or if it is subject to standards that do not require interpretation or the exercise of factual, policy or legal judgment.

(Ord. No. 540, § 5, 2-11-15)