The general regulations in this article pertain to the administration, enforcement of and compliance with this chapter.

(Ord. No. 2013-02, § 5.1, 3-4-2013)

No structure shall be constructed, erected, placed or maintained and no land use commenced or continued in the city except as specifically, or by necessary implication, authorized by the city.

(Ord. No. 2013-02, § 5.2, 3-4-2013)

(a)

No land may be used except for a purpose permitted in the applicable district except as provided for lawful nonconforming uses in section 111-123.

(b)

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the applicable district.

(c)

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the area and height limits of the applicable district.

(d)

The minimum yard setbacks, number of parking spaces and open spaces (including lot area per family) required by this chapter for each and every building existing at the time of passage of this chapter or for any building hereafter erected shall not be encroached upon or considered as a required parking space or open space for any other building, nor shall any lot area be reduced below the requirements of this chapter.

(e)

Every building hereafter erected or structurally altered shall be located on a lot as herein defined.

(1)

In single-family residential districts, there shall be no more than one principal building and one principal use on one lot unless otherwise specifically provided for in this chapter.

(2)

In any district other than a single-family residential district, more than one principal building may be allowed on one lot provided that said buildings and property are under common ownership, and provided all other regulations are met.

(f)

Accessory structures shall not include living quarters except where accessory dwelling units (ADUs) may be approved by conditional use. Sanitary facilities shall not be permitted in accessory structures without the approval of the council.

(g)

No building shall hereafter be erected and no use shall hereafter be established on a lot that does not have frontage on a public or private street. Where a lot fronts on a street that does not meet the minimum width requirement of the subdivision regulations, the minimum front yard setback for such lots shall be the sum of the minimum front yard setback of the applicable district and 25 feet, which sum shall be measured from the street centerline.

(h)

Every building or structure hereafter constructed shall conform with all applicable provisions of the city building code.

(i)

In no case shall basements of dwellings, residences or buildings be used as temporary living space prior to the total completion of the structure.

(Ord. No. 2013-02, § 5.3, 3-4-2013)

No structure shall be erected, structurally altered for or used as a single-family dwelling or duplex simultaneously with any other use, unless specifically provided for otherwise in this chapter.

(Ord. No. 2013-02, § 5.4, 3-4-2013)

Except as otherwise provided for bed and breakfasts and boardinghouses, no dwelling unit shall be occupied by more than one family and shall not exceed the maximum occupancy provided herein to prevent overcrowding of land and undue density of population in relation to existing or available community facilities caused by excessive occupancy. Excessive occupancy shall constitute a violation of this chapter.

(1)

For the purposes of this chapter, the term "occupant" means a person 18 years of age or older, living or sleeping in a dwelling, or having possession of a space within a dwelling. The maximum number of occupants of each dwelling unit shall not exceed one occupant per 200 square feet of living space as determined in accordance with the city building code.

(2)

The building official is authorized to investigate incidences of possible excessive occupancy. Upon conclusion that there exists excessive occupancy, the building official may issue a citation and/or seek an injunction to limit, lower or control the number of occupants in the dwelling unit. Upon receipt of such citation or injunction, the owner of the dwelling unit shall forthwith lower the occupancy to be in conformity with this section.

(Ord. No. 2013-02, § 5.5, 3-4-2013)

Utility structures, including, but not limited to, poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide telephone or telegraph service and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil, water or other utilities may be constructed, erected, repaired, maintained or replaced within any district of the city. This is not to be construed to include the erection or construction of buildings.

(Ord. No. 2013-02, § 5.6, 3-4-2013)

(a)

Intent.

(1)

If, within the districts established by this chapter (or amendments that may be later adopted), there exist lots, structures, uses of land and structures, and characteristics of uses which were lawful before the ordinance from which this chapter is derived was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment, it is the intent of this chapter to permit these lawful nonconformities to continue until they are removed, but not to encourage their survival.

(2)

It is further the intent of this chapter that lawful nonconformities shall not be enlarged upon, expanded, rendered more permanent, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as otherwise provided for in this section.

(2)

Any use, lot, parcel or structure that was unlawful on the effective date of the ordinance from which this chapter is derived, or amendment thereto, shall remain unlawful and shall not enjoy the status of a lawful nonconformity.

(b)

Restoration to safe condition. Nothing in this chapter shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities.

(c)

Nonconforming uses and structures in which nonconforming uses exist.

(1)

Status of uses unaffected. A nonconforming use occupying part of a structure or premises shall not affect the status of uses in the remaining part of the structure or premises.

(2)

Permitted changes. A nonconforming use, or the structure in which it exists, may be changed, altered, structurally altered, repaired, restored, replaced, relocated or expanded without loss of nonconforming use status only in accordance with this article, and subject to all appropriate approvals, including, but not limited to, building permit approval, zoning inspection approval and/or variance approval. Changes made that were not allowed under the standards of this article shall forfeit the lawful nonconforming status.

a.

A nonconforming use may be changed to a conforming use, or to a different nonconforming use that decreases the degree of nonconformity, as detailed in subsection (c)(3) of this section.

b.

A conforming or nonconforming structure housing a nonconforming use may be repaired, provided that such repair constitutes only routine maintenance necessary to keep the structure in the same general condition it was in when the use originally became nonconforming, provided the structure is in a safe condition.

c.

A structure housing a nonconforming use damaged by casualty (as distinguished from ordinary wear and tear) may be restored in accordance with the provisions of subsection (e) of this section.

d.

Minor alterations, cosmetic modifications, interior renovations and similar nonstructural changes to buildings may be permitted subject to the following standards:

1.

Such changes shall not increase the land area or gross floor area occupied by any part of the nonconforming use.

2.

Such construction shall meet all current requirements of this chapter.

e.

No nonconforming use, or the structure housing it, shall be moved to any other lot or within the lot on which it exists unless the structure is brought into conformity with this chapter.

(3)

Change in use.

a.

A nonconforming use may be changed to a conforming use or to another nonconforming use only when the proposed use decreases the degree of nonconformity as approved by the building official. If the building official determines the proposed use is not the same or more restrictive than the existing nonconforming use, the request shall be denied. In determining whether a proposed use decreases the degree of nonconformity, the following factors may be considered:

1.

Whether the proposed use will change the size, type and scope of the existing use.

2.

Whether the proposed use will increase the intensity of the nonconforming use, including hours of operation, traffic, noise, odors, lighting and similar visual impacts.

3.

Whether or not the proposed use will have a more or less detrimental effect on conforming uses in the surrounding area.

4.

Whether the proposed use would increase traffic or require more parking. A more restrictive nonconforming use shall never be a use which increases traffic or requires more parking than the existing nonconforming use.

b.

The building official may require that the applicant furnish additional documents, including, but not limited to, site plan or survey, so that he may determine if the request may be granted.

(4)

Abandonment, discontinuance of nonconforming use.

a.

A nonconforming use which has been discontinued for a continuous period of one year or more, or which is changed to or replaced by a conforming use, shall lose its nonconforming status and shall not be re-established. Any future use shall be in conformity with the provisions of this chapter.

b.

Operation of an accessory or incidental use to the principal nonconforming use during the one-year period shall not continue the principal nonconforming use. No use, including signage, accessory to the principal nonconforming use shall continue after said nonconforming use terminates

(5)

Nonconforming structures.

a.

Relationship with nonconforming uses and nonconforming lots

1.

Where a nonconforming structure is the site of a nonconforming use, the regulations for nonconforming structures and nonconforming uses shall both be applied. In case of conflict, the rules for nonconforming uses shall prevail.

2.

Conforming structures on a nonconforming lot are not nonconforming structures. Refer to subsection (f) of this section.

b.

A structure or building conforming to the use regulations of a district, but not conforming to other provisions of this chapter, may be enlarged or altered, provided that such enlargement or alteration conforms to the provisions of this chapter and does not increase the nonconformity.

(d)

Continuance. A nonconforming structure may continue as it existed when it became nonconforming as long as it is maintained in its then structural condition. The structure shall be brought into conformity with this chapter, including parking requirements, whenever it is enlarged, extended, reconstructed or structurally altered. Changes made that are not permitted under this section shall cause loss of the nonconforming status. Permitted changes shall be subject to the following limitations:

(1)

A nonconforming structure may only be changed, altered, structurally altered, repaired, restored, replaced, relocated or expanded in ways that do not increase or intensify the nonconformity, in accordance with this section and subject to receipt of all appropriate approvals, including, but not limited to, building permit approval, zoning approval and/or variances.

(2)

A nonconforming structure may be repaired, provided that such repair constitutes only routine maintenance necessary to keep the structure in the same general condition it was in when it became nonconforming, provided the structure is in a safe condition.

(3)

A nonconforming structure damaged by casualty, as distinguished from ordinary wear and tear, may be restored in accordance with subsection (e) of this section.

(4)

Minor alterations, cosmetic modifications, interior renovations and similar nonstructural changes may be permitted subject to the following standards:

a.

Such changes shall not increase the land area occupied by any part of the nonconforming structure and shall not increase the gross floor area of any nonconforming structure; and

b.

Such construction shall meet all current requirements of this chapter.

(5)

No nonconforming structure shall be moved to any other lot or within the lot on which it exists unless the structure is brought into conformity with this chapter.

(e)

Restoration after damage.

(1)

If a nonconforming structure or a structure housing a nonconforming use is damaged to an extent of 50 percent or less of its assessed value, according to records maintained by the county tax assessor's office, it may be restored to its condition prior to the casualty; provided that such restoration is begun within six months of the date of the casualty and completed within 12 months of the date of the casualty. For developments that are not assessed individually by the county, the total assessed value of all buildings on the property shall be used when calculating casualty damage.

(2)

Restoration should eliminate or reduce the nonconforming features to the extent possible. If the building cannot be restored except to its original nonconforming condition, the owner shall have the right to do so without variance, but, in no event, shall the nonconformity be increased, enlarged or expanded except under the provisions of subsection (d) of this section.

(3)

A nonconforming structure, or a structure housing a nonconforming use, that is damaged by casualty to an extent more than 50 percent of its assessed value at the time of the casualty, according to records maintained by the county tax assessor's office, shall not be restored except in conformity with the provisions of this chapter.

(4)

Restoration shall be subject to issuance of business licenses, if applicable, and building permits; and any work done shall be in compliance with the city building code.

(5)

Unless otherwise approved by the ZBA, restoration shall be accomplished within one year of the date of the casualty. However, if the structure is in an area under a federal disaster declaration, and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional year from the date of the natural disaster for the building to be restored.

(f)

Nonconforming lots of record. Where a lot of record existed at the time of the effective date of the ordinance from which this chapter is derived having less lot area or lot width than herein required for the applicable district, the lot may be used as a building site, provided that the lot, building, and use shall comply with all of the other applicable requirements of the chapter; and provided that deeded land was not transferred in conflict with the city subdivision regulations. Otherwise, development shall require a variance from the ZBA or subdivision approval by the commission, as appropriate. However, this provision shall not apply when two or more lots exist together, with contiguous frontage in single ownership as of the effective date of the ordinance from which this chapter is derived or any time thereafter. Such land shall be considered to be an undivided parcel for the purpose of this chapter and shall not be used or sold in a manner which creates lot area or lot width below the requirements stated in this chapter.

(Ord. No. 2013-02, § 5.7, 3-4-2013)

Whenever any street, alley or other public way is vacated or abandoned by official action of the city, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of same, and all area included therein shall then be subject to all appropriate regulations of the extended district.

(Ord. No. 2013-02, § 5.8, 3-4-2013)

The ZBA may require the conduct of any use (conforming or nonconforming) which results in unreasonable smoke, gas, vibration, fumes, dust, fire, radio interference or explosion hazard or nuisance to surrounding property, to be modified or changed to abate such hazard to health, comfort and convenience. The ZBA may direct the building official to issue an abatement order, but such order may be directed only after a public hearing by the ZBA, the notice of which shall be sent by registered mail to the owners and/or operators of the property on which the use is conducted, in addition to due notice by advertisement in a newspaper of general circulation. Such hearing shall be held by the ZBA, either upon petition signed by any person affected by the hazard or nuisance or upon the initiative of the ZBA. An abatement order shall be directed by the ZBA only upon reasonable evidence of hazard or nuisance and such order shall clearly specify the date by which the hazard or nuisance shall be abated.

(Ord. No. 2013-02, § 5.9, 3-4-2013)

Any building or structure which is to be moved to any location within the city limits shall be considered, for the purpose of this chapter, to be a new building under construction and, as such, shall conform to all applicable provisions of this chapter and any other applicable regulations.

(Ord. No. 2013-02, § 5.10, 3-4-2013)