The provisions of this Ordinance shall be held to be the minimum requirements and shall apply uniformly to each kind or class of structure or land.

a.

Where the conditions imposed by any provision of this Ordinance upon the use of structures or land are either more or less restrictive than comparable conditions imposed by the provisions of any other lawful ordinance or of any law, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

b.

This Ordinance is not intended to abrogate any easement, covenant or any other private agreement, provided that where the regulations of this Ordinance are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the regulations of this Ordinance shall govern.

c.

Structures or uses which were unlawfully existing at the time of the adoption of this Ordinance shall not become or be made lawful solely by reason of adoption of this Ordinance.

d.

All structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocations of existing structures occurring hereafter and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Ordinance which are applicable to the zoning districts in which such structures, uses or land shall be located.

e.

Nothing contained in this Ordinance shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any structure or facility or to conduct any trade, industry, occupation or activity.

f.

Any building permits issued prior to the effective date of this Ordinance shall be considered valid and structure may be completed and used or occupied in accordance with plans provided that use or occupancy is on the basis for which building permit was originally designated and provided that construction is begun within sixty (60) days. Any such use which would become nonconforming by virtue of the passage of this Ordinance shall thereafter be considered nonconforming and subject to the provisions of this Ordinance.

g.

All land, property or territory hereafter to be annexed to the City of Harrison shall be considered to be in an A-1 District until otherwise classified.

h.

Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition any structure or part thereof declared to be unsafe by any official charged with protecting the public safety upon such order of such official.

i.

Uses not expressly permitted are prohibited. Uses for enterprises or purposes that are contrary to federal, state, or local laws or ordinances are prohibited.

j.

Repealed by ord. no. 2022-02.

k.

The city elects to prohibit recreational marihuana establishments within its boundaries.

(amend. by ord. no. 2018-1, adopt. Apr. 2, 2018; ord. No. 2018-4, adopt. Nov. 5, 2018; ord. no. 2022-02, adopt. July 11, 2022)

a.

No part of a yard or other open space or off-street parking or loading space required about or in connection with any structure for the purpose of complying with this Ordinance, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other structure or use.

b.

In case of a lot having a side yard along any zoning district boundary line, on the other side of which is a more restrictive district, said side yard shall have a width of not less than that required for the more restrictive district.

c.

No part of any required yard except a rear yard shall be occupied for any accessory use or structure or for the storage of vehicles unless otherwise provided in this Ordinance.

d.

On any corner lot in the R-1, R-2 and A-1 Districts nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half (2½) feet and eight (8) feet above the established curb grade within a triangle formed by the two street right-of-way lines and a line connecting them at points twenty-five (25) feet from the intersection of the right-of-way lines.

e.

On double-frontage lots, a front yard as prescribed for the district as herein established shall be provided on both streets.

f.

Every structure hereafter erected or relocated shall be on a lot adjacent to a public street or with access to an approved private street and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

g.

In any district, no more than one structure housing a permitted or permissible principal use or a structure housing more than one permitted or permissible use may be erected or maintained on a single lot.

h.

In those instances where a lot owner's lot line is adjacent to an easement that runs perpendicular to Lake Street to Budd Lake or perpendicular to Hillcrest to Budd Lake that lot line shall be considered a side yard lot line for set back purposes.

a.

In any R-1, R-2, R-3 or A-1 District where a lot has frontage on a lake as well as a street, the street-side front yard may be used for the erection of a garage or carport providing such garage or carport be no closer than ten (10) feet from the street front property line and side yard requirements for the District are met. Storage of recreational equipment may be permitted in the water-side front yard.

b.

Any uses or buildings permitted in this Ordinance as accessory buildings or uses shall be clearly incidental to and on the same zoning lot as the principal use to which they are accessory. No accessory use or building shall be higher than the maximum height permitted in the district. Accessory uses or buildings shall be located no closer than five (5) feet from any lot line in the rear yard and unless otherwise specified in this Ordinance an accessory use or building shall not be located within a required side yard or a required front yard. Any permitted accessory use or buildings shall occupy no more than twenty-five percent (25%) of the total rear yard in which it is located.

a.

A nonconforming use or structure is that which is not specifically designated in a given zoning district as a principal use, accessory use or special use but was lawfully existing immediately prior to the time this Ordinance or applicable amendments become effective.

b.

A nonconforming use or structure can be made conforming only by:

1.

Ordinance amendment.

2.

Changing the use or structure to that as listed as principal, accessory or special use as designated in the district concerned as provided by this Ordinance.

3.

Variance, provided that only the terms of this Ordinance such as lot size, lot dimension, distance from lot lines or height restrictions are involved. (Dimensional variance, not use variance.)

c.

A nonconforming use or structure may not be enlarged, extended, increased or moved in any district in which this use is not designated as a principal, accessory or special use.

d.

If the operation of a nonconforming use or structure ceases for any reason for a period of more than two (2) years, the subsequent use of the land or structure shall be treated using the regulations specified in this Ordinance for a principal use, accessory use or a special use in the district in which the land or use or structure is located. In the event that a nonconforming use or structure has been terminated due to action by any governmental agency or if the use is of a seasonal nature and has ceased to operate for a period of less than a total of six (6) months in a 24-month period the use shall not thereafter be used except in conformity with the regulations of the district in which it is located.

e.

A nonconforming use or structure may revert to another nonconforming use or structure providing that in the opinion of the Zoning Board of Appeals the new use is of a nature that is no more nonconforming than the original use.

f.

Any nonconforming use or structure may be materially altered or repaired to bring it to a safe condition provided that the cubic content of such use or structure is not enlarged.

g.

Change of ownership of a nonconforming use or structure does not remove the nonconforming status nor does it change any time limits imposed by this Ordinance.

h.

If any parcel of land has located on it, a nonconforming use or structure, no additional structure shall be erected, placed or otherwise located on such parcel except in compliance with the various provisions of this Ordinance.

i.

In the event that a nonconforming use or structure has been accidentally destroyed or damaged to an extent of more than fifty percent (50%) of its replacement cost at the time of damage or destructions, such us or structure shall thereafter conform to the regulations for the district in which it is located.

(ord. no. 2021-01, adopt. July 12, 2021)