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Elk Run Heights City Zoning Code

165.07 GENERAL

REGULATIONS AND PROVISIONS.

   1.   New Annexations – District Designation. All territory which may hereafter be annexed to the City shall automatically be classified as in the A District until such classification shall have been changed by an amendment to the Zoning Ordinance, as provided by law.
   2.   Conformance Required. Except as provided, no building, structure, or premises shall hereafter be used, and no building shall be erected, extended, converted, moved, rebuilt, or altered, except in conformity with all the district regulations established by this chapter for the district in which it is located.
   3.   Building Location Restrictions. Every building hereafter erected or structurally altered shall be located on a lot as defined in this chapter, and in no case shall there be more than one main building on one lot, unless otherwise provided by this chapter. More than one industrial, commercial, multiple dwelling, or institutional building may be erected upon a single lot or tract in a district permitting these uses, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such building, nor shall there be any change in intensity of use regulations.
   4.   Continuing Existing Uses. The lawful use of a building existing at the time of the enactment of the ordinance codified in this chapter may be continued even though such use may not conform with the regulations of this chapter for the district in which it is located. Such use shall become known as a nonconforming use and shall be subject to the provisions of this chapter.
   5.   Nonconforming Uses and Structures. No existing building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, except when required by law, shall be enlarged, extended, reconstructed, substituted, or structurally altered, unless the use thereof is changed to a use permitted in the district in which such building or premises is located, except as follows:
      A.   Restoration. Any nonconforming building or structure damaged more than 60 percent of its replacement value, exclusive of the foundations, at the time of damage by fire, flood, explosion, war, riot, or act of God, shall not be restored or reconstructed and used as before such happening, but if less than 60 percent damaged above the foundation, it may be restored, reconstructed, or used as before; provided, that it be started within six months of such happening, and be built of like or similar materials.
      B.   Discontinuance. Whenever any nonconforming use of a building, structure or land has been discontinued for a period of six months, such use shall not thereafter be reestablished, and any subsequent use shall be in conformance with the regulations of this chapter.
      C.   Substitution. If no structural alterations are made, 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 of a building, structure, or land 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.
      D.   Repairs and Maintenance. Ordinary repairs and maintenance of a structure containing a nonconforming use shall be permitted.
   6.   Water Supply and Sewage Disposal. Every residence, business, trade, or industry hereafter established, which requires water supply and sewage disposal facilities, shall provide facilities which conform with the regulations of the City and the County Department of Health.
   7.   Accessory Uses.
      A.   Accessory uses are permitted in any zoning district in connection with any principal use which is permitted.
      B.   Accessory uses may be erected or established upon any lot or tract of land; provided, that they comply with the following:
         (1)   No accessory use is permitted within the limits of a front yard.
         (2)   Accessory uses shall not be located nearer to the side or rear lot line than is permitted within each designated zoned district.
         (3)   An accessory building which is not a part of the principal building shall not occupy more than 30 percent of the rear yard; however, this regulation shall not be interpreted to prohibit the construction of a 440 square foot garage on a minimum rear yard;
         (4)   No accessory building shall be used for dwelling purposes.
   8.   Lot Sizes. No building or structure, or part thereof, shall hereafter be built, moved, or remodeled, and no building, structure, or land shall hereafter be used, occupied, arranged, or designed, for use or occupancy on a lot which is smaller in area, or area per dwelling unit, narrower in width, or shallower in depth than the minimum requirements of the district in which the land is located.
   9.   Area Regulations. No building or structure, or part thereof, shall hereafter be built or moved or remodeled, and no building, structure, or land shall hereafter be used, occupied, or designed for use or occupancy so as to provide any setback or front, side, or rear yard that is less than that specified for the zoning district in which such district or use of land is located or maintained.
   10.   Street Frontage Required. Except as permitted in this chapter, 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 be not more than one single-family dwelling for such frontage or easement, except that a common easement of access at least 24 feet wide may be provided for two or more such single-family dwellings or for one or more two-family or multiple dwellings.
   11.   Corner Lots. For corner lots platted after the effective date of the ordinance codified in this chapter, the street side yard shall be equal in width to the setback regulations of the lots to the rear having frontage on the intersecting street. The side yard regulation shall apply to the longer street side of the lot except in the case of reverse frontage where the corner lot faces an intersecting street. In this case, there shall be a side yard on the longer street side of the corner lot of not less than 50 percent of the setback required on the lots to the rear of such corner lot, and no accessory building on such corner lot shall project beyond the setback line of the lots in the rear.
   12.   Lot Area Computation. In all districts, lot area requirements shall be computed exclusive of street, road, alley, or highway right-of-way.
   13.   Reduction of Lots. No lot shall be sold, divided, or set off in such a manner that either the portion sold, divided, or set off, or the portion remaining, shall be less than the minimum size prescribed by the regulators relating to the district in which it is located, unless it becomes a part of an adjacent lot meeting those requirements. No part of a yard, acreage, 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, acreage, or other open space required under this chapter for another building or 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.
   14.   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 place of any other yard line required in this chapter unless specific yard requirements in this chapter require a greater setback.
   15.   Pending Applications For Building Permits. Nothing contained in this chapter 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 enactment of the ordinance codified in this chapter, the construction which, conforming with such plans, shall have been started prior to the effective date of the ordinance codified in this chapter, and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder’s control.
   16.   Gasoline Filling Stations.
      A.   No gasoline filling station or a commercial customer or employee parking lot for 25 or more motor vehicles, or a parking garage or automobile repair shop, shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public library, or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.
      B.   No gasoline filling station or public garage shall be permitted where any fuel filling appliance is located within 12 feet of any street line or within 25 feet from any R District where such appliance is within a building.
      C.   In any district where permitted, a service station shall be subject to the following regulations:
         (1)   The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.
         (2)   All major repair work shall be done within a completely enclosed building.
         (3)   All automobile parts, dismantled vehicles, and merchandise shall be stored within the confines of the building during the hours when the business is not operating.
   17.   Home Occupations. A home occupation shall encompass not more than one-half of the floor area of any one floor within the habitable area of the residence or an adjoining enclosed structure, and employ no more than one nonresident assistant. An adjoining enclosed structure shall not be used for automobile repair storage or other related purposes. Only one nonilluminated sign is permitted which can be no larger than two square feet, and must be placed flat against any one side of the residence. A home occupation must be approved by the City Council after receiving a recommendation from the City Planning and Zoning Commission. In the event that the home occupation is discontinued or the premises are vacated or sold, a new application must be applied for before a new occupant may continue or establish a home occupation.
   18.   Development and Use of Rezoned Land – Time Limitations. Unless any lot, tract, or parcel of land which has been zoned to a less restrictive classification than A (Agricultural) District as provided in this chapter, has been used or developed within two years from such rezoning, or unless there exists an unexpired building permit for the development thereof at the end of such two years, the City Planning and Zoning Commission may, after seven days’ notice, in writing, to the property owner of such land and providing a reasonable opportunity to be heard, initiate and recommend to the City Council that the land be rezoned to its zoning classification as established at the date of the passage of the ordinance codified in this chapter.
   19.   Dwelling Standards. The following standards shall apply to all new dwellings.
      A.   The dwelling shall be affixed to a permanent foundation system, in accordance with the Uniform Building Code standards.
      B.   The minimum average dimension of the width of the main body of the dwelling unit shall not be less than 20 feet.
      C.   The minimum floor area shall be as follows:
         (1)   Single-family dwelling, one story
            a.   R-1:   1,040 square feet.
            b.   R-2:   950 square feet.
         (2)   Single-family dwelling, two story
            a.   R-1:   1,370 square feet.
            b.   R-2:   1,280 square feet.
         (3)   Single-family dwelling, three story
            a.   R-1:   1,690 square feet.
            b.   R-2:   1,600 square feet.
         (4)   Two-family dwelling, one story
            a.   860 square feet per dwelling unit;
         (5)   Two-family dwelling, two story
            a.   1,220 square feet per dwelling unit;
         (6)   Two-family dwelling, three story
            a.   1,600 square feet per dwelling unit;
         (7)   Multiple-family dwelling
            a.   400 square feet per dwelling unit.
   20.   Watercourse Alterations. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. This shall include natural waterways.