- COMPLIANCE WITH REGULATIONS
Except as specifically authorized to the contrary in this ordinance, the following regulations apply in all districts:
(a)
Use of land and buildings. No land, or any building thereon, shall be used except for a purpose permitted in the district in which such land is located.
(b)
Height of building. No building or structure, or any part thereof, shall be erected, constructed, reconstructed, converted, enlarged, moved, or structurally altered to exceed the height limits herein established for the district in which such building or structure is located.
(c)
Building construction. No building or structure, or any part thereof, shall be erected, constructed, reconstructed, converted, enlarged, moved, or structurally altered except in conformity with the area regulations of the district in which such building or structure is located.
(d)
Off-street parking. No building shall be erected, converted, enlarged, moved, or structurally altered except in conformity with the off-street parking and loading regulations of the district in which such building is located.
(e)
No encroachment on yard area. No part of any lot area, yard, open space, or off-street parking or loading space required by this ordinance shall be encroached upon or reduced below the minimum requirements of this ordinance for the district in which such lot is located.
(f)
No reduction in lot or yard area below requirements. No lot or yard existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein for lots and yards in the district in which such lot or yard is located. Any lot or yard created after the effective date of this ordinance shall equal or exceed the minimum dimension and area requirement so this ordinance for lots and yards in the district in which such lot or yard is located.
(g)
General. No structure shall be constructed or altered, and no land or structure shall be used, contrary to the terms of this ordinance, except as specifically authorized by section 31, 32, 33, or 34.
(a)
Authority to continue nonconforming uses. The use of land, buildings, or structures which was lawful upon the effective date of this ordinance, although not conforming to the provisions hereof, may be continued subject to the terms hereof. No nonconforming use of land, a building, or a structure may be extended or expanded; provided, however, extension of a nonconforming use wholly within an existing building or arrangement of buildings designed and constructed for such use shall be permitted provided no structural alteration of such building or buildings is required, and the use of additional land is not required. If the nonconforming use of a structure, building, or land is discontinued for 90 consecutive days or more, the future use of such structure, building, or land shall be in conformity with the provisions of this ordinance. For the purposes hereof, a use is discontinued when the land or a building or structure becomes devoted to a different main use, or the land, structure, or building is no longer used for any purpose.
(b)
Nonconforming accessory uses. No accessory use to a nonconforming use shall continue after termination of the nonconforming use unless such accessory use otherwise complies with the provisions of this ordinance.
A structure lawfully existing on the effective date of this ordinance, although not conforming to the provisions hereof, shall be allowed to continue in existence subject to the following:
(a)
Nonconforming structures shall not be extended or enlarged, nor shall they be structurally altered, unless the extension, enlargement, or alternation complies with this ordinance and all applicable law; provided, however, routine repairs and nonstructural alterations shall be permitted if not extending or enlarging the nonconforming characteristics thereof; provided, further, nonconforming single-family dwelling main buildings may be extended or enlarged if the extension or enlargement does not increase the nature or degree of the nonconformity and the building is nonconforming due to lot size or the depth of the required front, side or rear yard.
(b)
Nonconforming structures shall not be rebuilt in the case of total destruction, or partial destruction exceeding 50 percent of its fair market value. If any such structure is damaged or destroyed to the extent of more than 50 percent of its fair market value, such structure shall not be rebuilt except in conformity with this ordinance. If such structure is accidentally damaged to the extent 50 percent or less of its fair market value, it may be repaired, restored, or renovated to its previous nonconforming status provided actual restoration, renovation, or repair is commenced with six months following the date the damage is incurred and pursued diligently to completion without unreasonable interruption.
(c)
Notwithstanding the minimum requirements for lot size within the various zoning districts, structures may be constructed, built, expanded, reconstructed, occupied, or used on a nonconforming lot of record that existed prior to the enactment of this ordinance, or any amendment hereto, provided, all such structures shall meet all other applicable requirements of this ordinance.
The following are hereby declared to be lawfully existing nonconforming uses or structures, subject to section 31 or 32, as applicable:
(a)
Any existing use or structure not in conformance with the regulations of the zoning district in which it is located but lawfully existing at the time of the adoption of this ordinance;
(b)
Any existing use or structure not in conformance with the regulations of the zoning district in which it is located but lawfully existing at the time of the adoption of any amendment to this ordinance, the result of which amendment renders such use or structure nonconforming; and
(c)
Any existing use or structure not in conformance with the regulations of the zoning district in which it is located at the time of annexation into the city.
The status of nonconforming uses and nonconforming structures is not affected by a change in ownership and/or occupancy, except as otherwise provided herein.
(a)
Modular homes and industrialized homes shall be treated the same as site-built homes for purposes of this ordinance.
(b)
A mobile home, manufactured home, or HUD Code manufactured home lawfully in place upon the effective date of this ordinance, but which does not conform to the terms hereof, may be repaired, renovated, restored, or rebuilt for any reason, unless either:
(1)
Such home is abandoned for six months or more after the date this ordinance is passed; or
(2)
Such home is replaced with a site-built home.
(c)
A mobile home lawfully in place and lawfully used as a dwelling upon the effective date of this ordinance, although not conforming to the terms of this ordinance, may be replaced by a HUD Code manufactured home. Otherwise, a mobile home, manufactured home, or HUD Code manufactured home lawfully in place upon the date of this ordinance, but which does not conform to the terms hereof, shall not be replaced by a mobile home, manufactured home, or HUD Code manufactured home.
- COMPLIANCE WITH REGULATIONS
Except as specifically authorized to the contrary in this ordinance, the following regulations apply in all districts:
(a)
Use of land and buildings. No land, or any building thereon, shall be used except for a purpose permitted in the district in which such land is located.
(b)
Height of building. No building or structure, or any part thereof, shall be erected, constructed, reconstructed, converted, enlarged, moved, or structurally altered to exceed the height limits herein established for the district in which such building or structure is located.
(c)
Building construction. No building or structure, or any part thereof, shall be erected, constructed, reconstructed, converted, enlarged, moved, or structurally altered except in conformity with the area regulations of the district in which such building or structure is located.
(d)
Off-street parking. No building shall be erected, converted, enlarged, moved, or structurally altered except in conformity with the off-street parking and loading regulations of the district in which such building is located.
(e)
No encroachment on yard area. No part of any lot area, yard, open space, or off-street parking or loading space required by this ordinance shall be encroached upon or reduced below the minimum requirements of this ordinance for the district in which such lot is located.
(f)
No reduction in lot or yard area below requirements. No lot or yard existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein for lots and yards in the district in which such lot or yard is located. Any lot or yard created after the effective date of this ordinance shall equal or exceed the minimum dimension and area requirement so this ordinance for lots and yards in the district in which such lot or yard is located.
(g)
General. No structure shall be constructed or altered, and no land or structure shall be used, contrary to the terms of this ordinance, except as specifically authorized by section 31, 32, 33, or 34.
(a)
Authority to continue nonconforming uses. The use of land, buildings, or structures which was lawful upon the effective date of this ordinance, although not conforming to the provisions hereof, may be continued subject to the terms hereof. No nonconforming use of land, a building, or a structure may be extended or expanded; provided, however, extension of a nonconforming use wholly within an existing building or arrangement of buildings designed and constructed for such use shall be permitted provided no structural alteration of such building or buildings is required, and the use of additional land is not required. If the nonconforming use of a structure, building, or land is discontinued for 90 consecutive days or more, the future use of such structure, building, or land shall be in conformity with the provisions of this ordinance. For the purposes hereof, a use is discontinued when the land or a building or structure becomes devoted to a different main use, or the land, structure, or building is no longer used for any purpose.
(b)
Nonconforming accessory uses. No accessory use to a nonconforming use shall continue after termination of the nonconforming use unless such accessory use otherwise complies with the provisions of this ordinance.
A structure lawfully existing on the effective date of this ordinance, although not conforming to the provisions hereof, shall be allowed to continue in existence subject to the following:
(a)
Nonconforming structures shall not be extended or enlarged, nor shall they be structurally altered, unless the extension, enlargement, or alternation complies with this ordinance and all applicable law; provided, however, routine repairs and nonstructural alterations shall be permitted if not extending or enlarging the nonconforming characteristics thereof; provided, further, nonconforming single-family dwelling main buildings may be extended or enlarged if the extension or enlargement does not increase the nature or degree of the nonconformity and the building is nonconforming due to lot size or the depth of the required front, side or rear yard.
(b)
Nonconforming structures shall not be rebuilt in the case of total destruction, or partial destruction exceeding 50 percent of its fair market value. If any such structure is damaged or destroyed to the extent of more than 50 percent of its fair market value, such structure shall not be rebuilt except in conformity with this ordinance. If such structure is accidentally damaged to the extent 50 percent or less of its fair market value, it may be repaired, restored, or renovated to its previous nonconforming status provided actual restoration, renovation, or repair is commenced with six months following the date the damage is incurred and pursued diligently to completion without unreasonable interruption.
(c)
Notwithstanding the minimum requirements for lot size within the various zoning districts, structures may be constructed, built, expanded, reconstructed, occupied, or used on a nonconforming lot of record that existed prior to the enactment of this ordinance, or any amendment hereto, provided, all such structures shall meet all other applicable requirements of this ordinance.
The following are hereby declared to be lawfully existing nonconforming uses or structures, subject to section 31 or 32, as applicable:
(a)
Any existing use or structure not in conformance with the regulations of the zoning district in which it is located but lawfully existing at the time of the adoption of this ordinance;
(b)
Any existing use or structure not in conformance with the regulations of the zoning district in which it is located but lawfully existing at the time of the adoption of any amendment to this ordinance, the result of which amendment renders such use or structure nonconforming; and
(c)
Any existing use or structure not in conformance with the regulations of the zoning district in which it is located at the time of annexation into the city.
The status of nonconforming uses and nonconforming structures is not affected by a change in ownership and/or occupancy, except as otherwise provided herein.
(a)
Modular homes and industrialized homes shall be treated the same as site-built homes for purposes of this ordinance.
(b)
A mobile home, manufactured home, or HUD Code manufactured home lawfully in place upon the effective date of this ordinance, but which does not conform to the terms hereof, may be repaired, renovated, restored, or rebuilt for any reason, unless either:
(1)
Such home is abandoned for six months or more after the date this ordinance is passed; or
(2)
Such home is replaced with a site-built home.
(c)
A mobile home lawfully in place and lawfully used as a dwelling upon the effective date of this ordinance, although not conforming to the terms of this ordinance, may be replaced by a HUD Code manufactured home. Otherwise, a mobile home, manufactured home, or HUD Code manufactured home lawfully in place upon the date of this ordinance, but which does not conform to the terms hereof, shall not be replaced by a mobile home, manufactured home, or HUD Code manufactured home.