Where the owner of a lot at the time of the adoption of these regulations, or his successor in title thereto, does not own sufficient land to enable him to meet the minimum lot size requirements of this ordinance, such lot may be used as a building site for a structure, provided that the zoning board of appeals may authorize any use permitted in the zone in which the lot is located, if all other requirements of the zone are met.

If two or more adjoining and vacant lots with continuous frontage are in a single ownership at any time after the adoption of this ordinance, and lots individually are less than 50 feet in width, such groups of lots shall be considered as a single lot or several lots of minimum permitted size, and the lot in single ownership shall be subject to the requirements of this ordinance.

The setback requirements of this ordinance for residential structures may be varied by the zoning administrator where the average setback on developed lots which are located within 100 feet on each side of such lot, and within the same block, zoning district, and fronting on the same street as such lot, is greater than the maximum required setback. In such cases, the setback on such lots may be greater than the required setback but not greater than the average of the existing setbacks of the developed lots within 100 feet on each side of such lots.

Unless otherwise provided for in this ordinance, the yard setback requirements of this ordinance shall not apply to the following classes of improvements:

(a)

Driveways and curbs.

(b)

Fences, provided that the vision clearance requirements of this ordinance are met.

(c)

Cornices, sills, chimneys, belt courses, canopies, or similar architectural features, provided that the projection does not exceed three feet into any yard.

(d)

Open stairways or balconies, provided that the projection does not exceed three feet into any yard.

(e)

Open, uncovered porches, platforms, or landings, provided that the projection does not exceed three feet into any yard.

(f)

Walls or hedges, provided that the vision clearance requirements of this ordinance are met.

The provisions of this ordinance shall not apply to the construction, installation, operation, or maintenance, for public utility purposes, of water, sewer, oil and gas pipes, mains and conduits, electric power transmission and distribution lines, telephone and telegraph lines, incidental appurtenances, and substations, unless otherwise provided for in this ordinance.

It shall be the duty of the zoning administrator of the city to enforce the provisions of this ordinance within the corporate limits of the city in a manner and form and within the authority provided in the laws of the state and in the Charter and ordinances of the city.

A zoning permit issued by the zoning administrator and a building permit issued by the building official shall be required in advance of the initiation of construction, erection, moving, or alteration of any building or structure. All applications for such permits shall be accompanied by a plat of the property and a plan in duplicate, drawn to scale, showing actual dimensions of the lot to be built upon; the size of the building to be erected; the location of the building on the lot; the number of dwelling units the building is designed to accommodate; the setback lines of the buildings on adjoining lots; and such other information as may be required by the officials in determining whether the provisions of this ordinance are being observed.

A certificate of occupancy shall be required in advance of occupancy or use of:

(a)

Any building or structure hereafter erected or moved.

(b)

Any building hereafter altered, so as to affect the front, side, or rear yards thereof.

(c)

Any building, structure, or premises in which there is a change of occupancy or use.

No such certificate of occupancy shall be issued unless the premises or buildings comply with all provisions of this ordinance.

It is the intent of this ordinance that all questions arising in connection with the enforcement or interpretation of this ordinance, except as otherwise expressly provided in this ordinance, shall be first presented to the zoning administrator; and that such questions shall be presented to the zoning board of appeals only after a decision by the zoning administrator; and that from the decisions by the zoning board of appeals, recourse shall be to the courts, as provided by law. It shall be the duty of the council, after favorable recommendation by the planning commission, to hold a public hearing and thereafter vote upon any proposed amendment to this ordinance, as provided by law.

In case any building, sign or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained; or any building, structure, or land is used in violation of this ordinance, the building official or any other appropriate authority, or any property owner, who would be damaged by such violation, in addition to other remedies, may institute injunction, mandamus, or appropriate action in proceeding to prevent the violation in the case of such building, structure, or land.

Any person or corporation, whether as principal, agent, employee, or otherwise, who violated any of the provisions of this ordinance shall be fined up to $200.00 for each offense, such fine to inure to the city. Each day of the existence of any violation shall be deemed a separate offense.