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 Zoning Ordinance for the district in which the building or land is located.

   2.   Continuing Existing Uses. The use of a building existing at the time of the enactment of this Zoning Ordinance may be continued even though such use may not conform with the regulations of this Ordinance for the district in which it is located. Any use in existence at the adoption hereof which was not an authorized nonconforming use under previous zoning ordinances shall not be authorized to continue as a nonconforming use pursuant to this Zoning Ordinance or amendments thereto.

   3.   Nonconforming Uses or Buildings in Any R or U District. No existing building or premises devoted to a use not permitted by this Zoning Ordinance 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.   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 has been changed to a more restricted use or to conforming use, such use shall not thereafter be changed to a less restricted use.

      B.   Discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.

      C.   Replacing Damaged Buildings. 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 is initiated within six months of such happening, and is built of like or similar materials.

   4.   Nonconforming Uses or Buildings in any District Other than an R or U District.

      A.   Structural Alterations and Enlargements. Any building in districts other than an R or U 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, provided such construction shall be limited to buildings on land owned of record by the owner of the land devoted to the nonconforming use prior to the effective date of this Zoning Ordinance. In the event of such structural alteration or enlargement of buildings, the premises involved may not be used for any nonconforming use other than the use existing on the effective date of this Zoning Ordinance, other provisions of this Ordinance notwithstanding.

      B.   Discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.

      C.   Replacing Damaged Buildings. 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 is started within six months of such happening, and is built of like or similar materials.

   5.   Street Frontage Required. Except as permitted in Section 170.25 of 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 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 may be provided for two or more such single-family dwellings or for one or more two-family or multiple dwellings.

   6.   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 lines and at least five feet from lot lines of adjoining lots which are in any R District, except that accessory buildings constructed in the rear 60 percent of the lot may be erected three feet from interior lot lines, and on a corner lot they shall conform to the setback regulations on the side street. Accessory buildings, except stables, may be erected as a part of the principal building, or if at least six feet therefrom may be connected thereto by a breezeway or similar structure, provided all yard requirements for a principal building are complied with. An 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 15 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. A freestanding or attached portable shelter consisting of a fabric covering stretched over poles used as a carport or similar structure shall be prohibited in conjunction with any residential use.

   7.   Corner Lots. For corner lots platted after the effective date of this Zoning Ordinance, the street side yard shall be equal in width to the setback regulation of the lots to the rear having frontage on the intersecting street. See Figure 1.

      A.   On corner lots platted and of record at the time of the effective date of this Ordinance, 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 said corner lot shall project beyond the setback line of the lots in the rear; provided further, this regulation shall not be so interpreted as to reduce the buildable width of the corner lot facing an intersecting street, and of record or as shown by existing contract of purchase at the time of the effective date of this Zoning Ordinance, to less than 28 feet or to prohibit the erection of an accessory building. See Figure 2.

      B.   On corner lots, frontage may be considered on either street provided that if front and rear yards are parallel to the lot line having the longer dimension, then setbacks along both streets shall conform to the front yard requirement of the district in which it is located.

   8.   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, 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. See Figure 3.

   9.   Required Yard Cannot Be Reduced. No lot shall be reduced in area so as to make any yard of any other open space less than the minimum required by the Zoning Ordinance. 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 Zoning Ordinance shall be included as part of a yard or other open space required under this Zoning Ordinance 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 Ordinance.

   10.   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 place of any other yard line required in this Ordinance unless specific yard requirements in this Ordinance require a greater setback.

   11.   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 enactment of this Zoning Ordinance, the construction of which conformably with such plans shall have been started prior to the effective date of this Ordinance and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder’s control.

   12.   Dwelling Standards. The following standards shall apply to all new dwellings for which building permits have been issued on or after March 1, 1991:

      A.   The dwelling shall be affixed to a permanent foundation system which shall be constructed of masonry, concrete, or treated wood in compliance with Uniform Building Code Standard No. 29-3, and in all cases shall extend below the frost line. Footings of concrete and masonry shall be of solid material. Bearing walls shall be supported on masonry or concrete foundations. Piles will not be approved for bearing walls.

      B.   The average width and length of the main body of the dwelling shall be a minimum of 20 feet as measured from at least three points of at least 10 feet apart on the dwelling.

      C.   The area of the living quarters of a dwelling unit shall be a minimum of 1.2 times greater than the inclusive garage area of the building.