The regulations in this section shall apply in all districts except the P-D Planned Development District unless required by the commission for the P-D district or specifically stated in a subsection that the subsection applies to all districts.

(1)

Conformance required. Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the district regulations established by this chapter for the district in which the building or land is located.

(2)

Continuing existing uses. The use of a building or land existing at the time of the original enactment of the ordinance from which this chapter is derived may continue even though the use may not conform to the regulations of this chapter for the district in which it is located. Any use in existence at the original adoption of the ordinance from which this chapter is derived which was not an authorized nonconforming use under previous zoning ordinances shall not be authorized to continue as a nonconforming use pursuant to this chapter, or amendments thereto.

(3)

Nonconforming uses or buildings in any district.

a.

Structural alterations and enlargements. Any building in any district devoted to a use made nonconforming by this chapter may be structurally altered or enlarged in conformity with the lot area, the lot frontage, yard, and height requirements of the district in which situated under principal permitted uses, provided, such structural alteration or enlargement shall be limited to buildings for which a valid building permit has been issued on the original effective date of the ordinance from which this chapter is derived and provided further that the use to which the building is put shall be in fact nonconforming on the original effective date of this chapter. A nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. Nothing in this chapter shall be construed to limit the right to structurally alter or enlarge a building to the owner of record at the original effective date of the ordinance from which this chapter is derived.

b.

Discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of 180 days, the use of the building or premises shall conform thereafter to the uses permitted in the district in which it is located. The provisions of this subsection shall not apply to a person, who through no neglect or fault of the person and who, despite reasonably diligent efforts to continue the nonconforming use, is unable to so continue it. Any person aggrieved by this subsection may apply to the commission for review pursuant to the rules to be established by the commission and the person, after review by the commission, may appeal the decision of the commission to the council. In no event shall the discontinuance exist for a period of more than one year.

(4)

Replacing damaged buildings. Any nonconforming building or structure damaged by fire, flood, explosion, war, riot, or natural cause, more than 60 percent of its fair market value immediately prior to the damage, exclusive of the foundations and value of the land on which it is situated, shall not be restored or reconstructed and used as before such happening. If less than 60 percent is damaged above the foundation, it may be restored, reconstructed, or used as before, provided that restoration or reconstruction be started within one year of such happening and the building be built of like or similar materials. In the event of a dispute as to the fair market value of the building, the owner shall appoint one qualified appraiser at the expense of the owner, the commission shall appoint one qualified appraiser at city's expense, and the appraiser selected by the owner and by the city shall appoint an impartial third appraiser, the expenses for whom shall be borne one-half by the owner and one-half by the city. The three appraisers selected shall inspect such building and other relevant information made available to them and shall establish the fair market value of the building immediately prior to the damage. In the event the appraisers cannot agree on a value, the decision by the appraiser selected neither by the owner nor by the city shall be binding on all appraisers and parties.

(5)

Locating buildings. Every building hereafter erected or structurally altered shall be located on a lot as defined herein and in no case shall there be more than one main building on one lot unless otherwise provided by this chapter.

(6)

Street frontage required. Except as permitted in section 109-20 on exceptions and modifications, no lot shall contain any building used in whole or in part for residence purposes unless such lot abuts for at least 40 feet on at least one street, or unless it has an exclusive unobstructed private easement of access or right-of-way of at least 20 feet wide to a street, and there shall be not more than one single-family dwelling for such frontage or easement, except that a common easement of access at least 50 feet wide shall be provided for two or more such single-family dwellings or for one or more two-family or multiple dwellings.

(7)

Accessory buildings. No accessory building shall be erected in any required court, or front yard. Accessory buildings shall be distant at least five feet from alley, rear, or side lot lines in any R district. On a corner lot, they shall conform to the setback regulations on the side street. Accessory buildings, except stables, may be erected as part of the principal building, provided all yard requirements for a principal building are complied with. Any accessory building which is not a part of the main building shall not occupy more than 30 percent of the rear yard and shall not exceed 13 feet in height; however, this regulation shall not be interpreted to prohibit the construction of a 440 square foot garage on a minimum rear yard.

(8)

Corner lots.

a.

For corner lots platted after the original effective date of the ordinance from which this chapter is derived, frontage may be considered on either street. Setback requirements along both streets shall conform to the front yard requirement of the district in which it is located. No accessory building on said corner lot shall project beyond the setback line of the lots to the rear.

b.

For corner lots platted and of record at the time of the original effective date of the ordinance from which this chapter is derived, the side yard regulation shall apply to the longer street side of the lot, except in the case of reverse frontage lots. In the case of reverse frontage lots, there shall be a side yard on the longer street side of the corner lot not less than 50 percent of the setback required on lots to the rear of such corner lot. No accessory building on this corner lot shall project beyond the setback line of the lot to the rear. However, this regulation shall not be so interpreted as to reduce the buildable width of the corner lot platted and of record or as shown by existing contract of purchase at the time of the original effective date of the ordinance from which this chapter is derived, to less than 28 feet nor to prohibit the erection of an accessory building.

(9)

Front yard. In any R district, there shall be a minimum front yard required as stated in the yard requirements for that particular district; provided however, that where lots comprising 30 percent or more of the frontage within 200 feet of either side lot line are developed with buildings at a greater setback, the front yard setback shall be the average of these building setbacks and the minimum setbacks required for the undeveloped lots. In computing the average setback, buildings located on reversed corner lots or entirely on the rear half of lots shall not be counted. The required setback as computed herein need not exceed 50 feet in any case.

(10)

Required yards. No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this chapter. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other structure. Off-street parking and loading areas may occupy all or part of any required yard or open space except as otherwise specified in this chapter.

(11)

Building lines on approved plats. Whenever the plat of a land subdivision on record in the office of the county recorder shows a setback building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in places of any other yard line required in this chapter unless specific yard requirements in this chapter require a greater setback.

(12)

Pending applications for building permits. Nothing herein contained shall require any change in the overall layout, plans, construction, size, or designated use of any building, or part thereof, for which approvals and required building permits have been granted before the original enactment of the ordinance from which this chapter is derived, the construction of which shall have been started prior to the original effective date of the ordinance from which this chapter is derived and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder's control.

(13)

Vacation. Whenever any street, road, railroad, or other public way is vacated by official action of the council, the zoning district adjoining each side of such street, road, railroad, or public way, shall be automatically extended to the center of such vacation and all area included in the vacation shall be subject to all appropriate regulations of the extended districts.

(14)

Obstruction. Obstructions are prohibited.

(15)

Building permits. A minimum of ten days shall be allowed by the applicant after application has been made for a building permit in accordance with this chapter before issuance will be made.

(16)

Objections. Any objection or report of violations of any section of this chapter shall be made in writing and signed and duly presented to the commission.

(17)

Interference with a solar heat collection system. No planting or construction will be permitted that will interfere with an existing solar heat collection system.

(18)

Landscaping. It shall be the duty of any person planting or growing a tree or shrubs to do the following:

a.

Plant no tree or shrub that will overhang on the adjacent property.

b.

All trees and shrubs should be set a minimum distance of three feet from the property line.

c.

No shrubbery or trees with thorns in excess of three-quarters inch in length or poisonous foliage, fruit, seedlings, etc. shall be planted.

d.

Shrubbery shall not exceed three feet in height.

e.

Place no trees or shrubs so as to be in the opinion of the administrator a traffic hazard.

f.

Plant all trees at least 30 feet apart.

g.

Place no tree or shrubs where the soil is too poor to ensure growth.

h.

Trim trees so as not to cause a hazard to public places or interfere with street lights, and so that the minimum clearance of any overhanging portion is ten feet above any sidewalk and 14 feet above any street.

i.

Treat or remove any tree or shrub so diseased or insect infested as to constitute a hazard to other trees or plants.

(19)

Building permit fee. The fee for a building permit will be set by the council.

(20)

Home occupations. The following home occupations are permitted with reference to R-1, R-2 and R-3 districts:

a.

Antique shop.

b.

Cabinet shop.

c.

Hobby shop.

d.

Lawnmower repair.

e.

Photographer's studio.

f.

Upholstery shop.

g.

Real estate office.

h.

Attorney's office.

i.

Beauty shop.

j.

Barbershop.

k.

Furniture repair shop.

l.

Sewing and alterations.

m.

Gunsmith.

n.

Clock and watch repair.

o.

Household appliance repair shop.

p.

Seed dealership.

q.

Key shop.

r.

Other uses substantially similar to the foregoing designated uses, but subject to review by the commission and approval of the council.

(Prior Code, § 121.05)