(A)   Minimum requirement. The provisions of this subchapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

   (B)   Supremacy. When any condition imposed by any provision of this subchapter is either more restrictive or less restrictive than similar conditions imposed by any provision of any other applicable law, City Code provision, statute, resolution or regulation of any kind, the more restrictive 1 which imposes higher standards or requirements shall prevail. This subchapter is not intended to abrogate any easements, restrictions, or covenants relating to the use of land or imposed on lands within the community by private declaration or agreement, but where the provisions of this subchapter are more restrictive than any such easement, restriction, or covenant, or the provision of any private agreement, the provisions of this subchapter shall prevail.

   (C)   Conformity to section. Except as specifically provided for herein, no structure or land shall be used for, nor shall any structure be erected, converted, enlarged, reconstructed or altered in any manner for any purpose which is not in conformity with this subchapter.

(Ord. 2013-05, passed 5-20-2013)

   (A)   Any lot or parcel of land in a residential district which was of record on or before the effective date of this subchapter in the Scott County Recorder's office as a separate lot or parcel may be used for single-family detached dwelling purposes provided that the area and width of said lot are larger than 60% of the minimums set by this subchapter; all setback requirements can be met; and city sewer, city water and all other necessary public services and utilities can be provided.

   (B)   No lot or parcel of land in a residential district shall be split or subdivided so as to render the original lot non-conforming subject to the provisions of this subchapter. No building permit shall be issued on a lot so conveyed.

(Ord. 2013-05, passed 5-20-2013)

   Any non-conforming structure or use existing upon the effective date of this subchapter may be continued, subject to the following:

   (A)   Any non-conformity including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this subchapter may be continued, including through repair, replacement, restoration, maintenance or improvement, but not including expansion, unless:

      (1)   The non-conformity or occupancy is discontinued for a period of more than 1 year; or

      (2)   Any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly-created impact on adjacent property or water body.

      (3)   When a nonconforming structure in the shoreland district with less than 50% of the required setback from the water is destroyed by fire or other peril to greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.

   (B)   Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This division does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters or similar adults-only businesses, as defined by ordinance.

   (C)   Any nonconforming structure located in a floodplain district must adhere to § 154.524.

(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2020-09, passed 1-4-2021; Am. Ord. 2023-05, passed 8-28-2023)

   Any zoning district classification change to land adjacent to or across a public right-of-way from an adjoining county or community shall be referred to that county/community's governing unit for review and comment prior to final action by the Council. A period of at least 10 days shall be provided for receipt of comments; such comments shall be considered as advisory only.

(Ord. 2013-05, passed 5-20-2013)

   In considering amendments to this subchapter including amendments to the text and amendments to the zoning district lines, the Council and Planning Commission shall give due regard to the Comprehensive Plan.

(Ord. 2013-05, passed 5-20-2013)