The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or portion of the main building, the use of which customarily is incidental to that of the main building or to the main use of the premises. For the purposes of this chapter, the term "accessory building" shall include dish antennas and similar structures.

Accessory use means a subordinate purpose for which the land or structures thereon are designed or intended.

Alley means a public thoroughfare which provides only a secondary means of access to abutting property, the right-of-way of which is 20 feet or less in width.

Alter means any structural change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists.

Animal hospital or clinic means an establishment where animals are admitted principally for examination, treatment, board or care by a doctor of veterinary medicine. This does not include open kennels or runs.

Apartment. See Dwelling, multiple family.

Aquaculture means the science and endeavor of producing and raising, on a commercial basis, fish or shellfish in confined tanks or beds of water.

Basement means a story having part, but not less than one-half, of its height below grade.

Board of adjustment and appeals means the legally-appointed municipal board empowered to hear and decide appeals from, and to provide interpretations of the terms of, the zoning regulations and official zoning map, as defined within this article, and in accordance with state laws.

Boardinghouse means a building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three or more persons, but not exceeding 20 persons.

Building means any structure designed or intended for the enclosure, shelter or protection of persons, animals or property. When a structure is divided into separate parts by unpierced walls from the ground up, each part is deemed a separate building.

Building height means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of a flat roof to the deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

Building official means the person designated by the city council to administer these zoning regulations, whether such person is entitled building official, building inspector, administrative official, public works director, enforcing officer or zoning official.

Car wash means an establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.

Cellar means a story having more than one-half of its height below grade.

Child care. See Day nursery.

Clinic. See Medical, dental or health clinic.

Club or lodge means a nonprofit association or organization formed for fraternal, social, educational, philanthropic or other similar purposes, including unions and professional organizations.

Comprehensive plan means the duly adopted comprehensive plan for the development of the community which includes maps, charts, illustrations and texts for the following:

(1)

Land use studies;

(2)

Goals and objectives;

(3)

Population study and forecasts;

(4)

Economic study;

(5)

Housing survey;

(6)

Transportation plan;

(7)

Central business district plan;

(8)

Community facilities and public utilities plan; and

(9)

General development plan.

Condominium means an individually-owned, single-family dwelling unit located in a multifamily structure where the surrounding lot area is held in common and maintained through a special ownership agreement.

Day care center. See Day nursery.

Day care home. See Day nursery.

Day nursery includes the following:

(1)

Child care. See Day care home, Large day care home and Day care center.

(2)

Day care center means a facility which is not the caregiver's residence, and which provides day care for 13 or more unrelated children.

(3)

Day care home means a facility in which the primary caregiver provides day care out of his or her home for two to six unrelated children.

(4)

Large day care home means a facility in which the primary caregiver provides day care out of his or her home for seven to 12 unrelated children.

(5)

Preschool means an establishment which provides educational services for unrelated children aged five years and under and/or below the age required for entrance into the public school system.

Dwelling, multiple family ormultifamily means a residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, single-family means a detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.

Dwelling, two-family means a detached residential building containing two dwelling units, designed for occupancy by not more than two families.

Dwelling unit means one room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

Family means one or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, fraternity or sorority house, lodginghouse, hotel or motel.

Floodplain means land area subject to inundation from surplus stormwater, as defined by the U.S. Department of Housing and Urban Development (HUD) flood insurance study, and as depicted on the flood insurance rate map for the community.

Frontage means all the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street. Where a street is dead-ended, the frontage shall be considered as all that property abutting on one side between an intersecting street and the dead end of the street.

Garage, private means an accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

Garage, public means a building or portion thereof, other than a private or storage garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor-driven vehicles.

Home occupation.

(1)

The term "home occupation" means an occupation or activity carried out on the premises which meets all of the following conditions:

a.

Only one person other than residents of the premises shall be engaged in such occupation;

b.

The occupation is customarily incidental to the use of the premises as a dwelling place;

c.

Not more than one non-illuminated nameplate is used;

d.

The nameplate shall be attached to the building and shall not exceed one square foot in area;

e.

The occupation does not occupy more than 25 percent of the floor area of one floor of the principal building, when such use is carried on in the principal building;

f.

No display will indicate from the exterior of the building that the premises are being used in part for any purpose other than a dwelling;

g.

There is no commodity displayed or stored on the premises except that which is prepared on the premises;

h.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses of a person off the lot if the occupation is conducted in a single-family residence, or outside the individual dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises; and

i.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

(2)

The term "home occupation" does not include the growth or cultivation of marijuana for medical purposes, and a medical marijuana center may not be operated as a home occupation.

Hospital means an establishment used primarily for inpatient care and provision of health, medical, mental and surgical care of the sick or injured.

Junkyard or salvage yard means a lot, parcel or tract of land, including buildings, used primarily for the collection, storage and sale of waste paper, rags, scrap metal or other discarded material or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

Kennel means any house, building, structure, premises or land where more than three dogs over the age of four months are kept.

Large day care center. See Day nursery.

Loading space, off-street means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot.

(1)

The term "lot" means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on any improved public street or on an approved private street and may consist of:

a.

A single lot of record;

b.

A portion of a lot of record;

c.

A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record; or

d.

A parcel of land described by metes and bounds.

Provided that, in no case of divisions or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

(2)

The term "lot" includes the term "plot" or "parcel."

Lot frontage means the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of the term "yard" in this section.

Lot measurements are defined as follows:

(1)

Depth of a lot is considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear.

(2)

Width of a lot is considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the 80-percent requirement shall not apply.

Lot of record means a lot which is part of a subdivision recorded in the office of the county clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

Lot type. See the diagram below which illustrates terminology with reference to types of lots.

Manufacture means any method of processing, developing, fabricating or assembling raw materials, semi-finished materials or parts into a semi-finished or finished product.

Manufactured home means a single-family dwelling which meets all of the following standards:

(1)

Is partially or entirely manufactured in a factory;

(2)

Is not less than 24 feet in width and 36 feet in length;

(3)

Is installed on an engineered permanent foundation;

(4)

Has brick, wood or a cosmetically equivalent exterior siding and a pitched roof; all homes with bow, or arch, trusses being expressly prohibited;

(5)

Is susceptible of, and intended for, permanent connection to public utilities; and

(6)

Which meets or exceeds, on an equivalent performance engineering basis, standards which include, but are not limited to, standards established by the city building code, the housing and urban development standards or the uniform building code standards. The term "equivalent performance engineering basis" means that by using engineering calculations or testing, following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety and functional requirements to the same extent as required for other single-family housing units.

Any manufactured home sited within any zoning district of the city, where allowed, shall be placed in its permanent location in such manner that any open space, or gap, between the bottom of said manufactured home and the ground shall be enclosed by poured concrete wall, concrete block wall or other solid masonry construction wall, said wall being plumb to the exterior walls of said manufactured home, and without regard to whether or not the exterior walls of said manufactured home are bearing walls or not. It is the intent of this requirement that no manufactured home shall be sited within any zoning district where allowed with skirting made of wood, metal, plastic, vinyl, fiberglass or any other perimeter enclosure of a temporary nature.

Medical clinic, dental clinic or health clinic means any building designed for use by one or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings, including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, psychiatrists and podiatrists; and in which no patients are lodged overnight. The definition of the term "medical clinic," "dental clinic" or "health clinic" shall not include a medical marijuana center.

Medical marijuana center means the use of property for profit or otherwise which is operated by any person, including, but not limited to, a patient or caregiver, and which is used to cultivate, distribute, transmit, give, dispense or otherwise provide marijuana in any manner to any other person, other patient or other caregivers in accordance with section 14 of article IV of the state constitution and the implementing state statutes and administrative policies. As used in this section, the terms "patient" and "caregiver" shall have the meanings provided in section 14 of article IV of the state constitution and the implementing state statutes and administrative policies.

Medical marijuana dispensary means the use of property for profit or otherwise which is operated by any person, including, but not limited to, a patient or caregiver, and which is used to cultivate, distribute, transmit, give, dispense or otherwise provide marijuana in any manner to any other person, other patient or other caregivers in accordance with section 14 of article IV of the state constitution and the implementing state statutes and administrative policies. As used in this section "patient" and "caregiver" shall have the same meanings provided in section 14 of article IV of the state constitution and the implementing state statutes and administrative policies.

Mobile home means any complete structure, transportable in one piece. The body of the home shall be no less than ten feet in width and 40 feet or more in length. The home shall have 320 or more square feet of living space, which is built on a permanent chassis and designed to be used as a residential dwelling with or without a permanent foundation and which is built to HUD or UBC standards and accompanied by the appropriate permanently attached documentations for the state's wind load, live load and thermal requirements. The term "mobile home" shall not include campers, motor homes or other recreational vehicles. This definition shall not apply to those units defined as manufactured homes.

Mobile home park means any park, court, camp, lot, area, piece, parcel, tract or plot of ground upon which mobile homes are used, whether for compensation or not, including all accessory uses thereof.

Nameplate means a small announcement sign bearing the name only of the occupant or activity within the building. Nameplates shall not contain commercial advertisement.

Nonconforming building means the use of a building or portion thereof lawfully existing at the time of the effective date of the initial ordinance and amendments thereto which does not conform with the provisions of this chapter.

Nonconforming use means any land lawfully occupied by a use, at the time of the effective date of the ordinance from which this chapter is derived, which does not conform with the provisions of this chapter.

Nursing home means an establishment or agency licensed by the state for the reception, board, care or treatment of three or more unrelated, elderly individuals.

Parking space, off-street means a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room.

Planning and zoning commission means the planning and zoning commission of the city.

Platting or subdividing means the process established by the duly adopted subdivision regulations by the planning and zoning commission.

Preschool. See Day nursery.

Professional office means any building or part thereof used by one or more persons engaged in the practice of law, medicine, accounting, architecture, engineering or other occupation customarily considered as a profession.

Public utility means any business which furnishes the general public telephone service, telegraph service, electricity, natural gas or water, and any other business so affecting the public interest as to be subject to supervision or regulation by an agency of the state.

Retail means to sell by small quantities in broken lots or parcels, not in bulk, directly to consumers.

School means a public elementary or secondary educational facility, which is under direction and control of the state board of education and the state superintendent of public instruction and/or a parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.

Setback means the distance between the lot line and building line.

Sign means any sign or other device which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization or business, but does not include any display of official notice or official flag.

Sign, advertising means a sign which directs the attention of the public to any goods, merchandise, property, business service, entertainment or amusement conducted or produced which is bought or sold, furnished, offered or dealt in elsewhere than on the premises where such sign is located or to which it is affixed.

Sign, business means a sign which directs attention to a business or profession conducted, or to products, services or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed. A for sale sign or a for rent sign relating to the property on which it is displayed is deemed a business sign.

Sign, flashing means any illuminated sign on which the artificial light is not constant in intensity and color at all times. For the purpose of this chapter, any revolving illuminated sign shall be considered a flashing sign.

Sign, illuminated means a sign designed to give forth artificial light or designed to reflect light derived from any source.

Sign, off-site means a sign other than an on-site sign.

Sign, on-site means a sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Sign, sandwich means an advertising or business ground sign which is constructed in such a manner to form an "A" or tent-like shape, hinged or not hinged at the top, with each angular face held at an appropriate distance by a supporting member.

Skilled foot care means the administering of skilled nursing foot care to an individual's feet by or under the supervision of a registered nurse licensed by the state.

Skilled nursing foot care includes soaking of feet as needed, thoroughly drying feet, assessment of the condition of feet, cleaning debris from feet and nails, removing dead skin tissue from feet, trimming nails, thinning, pushing back the cuticles and educating the individual as to foot care needs.

Special exception means a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning division or district as special exceptions if specific provision for such special exceptions is made in this chapter. All applications for special exceptions under this chapter shall be referred, in the first instance, for consideration to the planning and zoning commission.

Street line means the right-of-way line of a street.

Structural alterations means any change or rearrangement of the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this chapter, the following shall not be considered structural alterations:

(1)

Attachment of a new front where structural supports are not changed;

(2)

Addition of a fire escape where structural supports are not changed;

(3)

New windows where lintels and support walls are not materially changed; or

(4)

Minor repair or replacement of nonstructural members.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and poster panels.

Subdivision means the division of a tract of land into one or more lots or parcels for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land. The term "subdivision" includes the term "resubdivision" and the term "resubdivision," as used herein, shall include any further subdivision of a lot or parcel of land previously subdivided, for sale, use or other purposes, which varies from the latest, approved subdivision of the same.

Therapeutic massage means manipulation by a state-certified massage therapist of soft and muscle tissue of the human body for the purpose of maintaining good health, improving physical condition, improving the well-being of the individual, enhancing muscle relaxation, relieving muscular pain and reducing stress.

Townhouse means an individually-owned, single-family dwelling unit located in a multifamily structure, where portions of the surrounding lots are sold with the dwelling units to create privately-owned and maintained yards.

Transportation unit means any container of any type previously used in whole or in part on the public highways, roadways, roads, railways, waterways or other travelways to transport goods or products.

Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.

Use means the purpose for which land or structures thereon are designed or intended.

Use by right means an automatic use which is authorized by the zoning classification.

Used or occupied includes the term "intended, designed or arranged to be used or occupied."

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district, or uses in an adjoining zoning district. However, instances of alleged violation of section 30-607 dealing with obstruction of visibility at street intersections by flora only shall be appealable to the board of adjustment and appeals, the consideration of such matters not being deemed either an establishment or expansion of a use otherwise prohibited within this subsection.

Vocational school means an educational institution which provides specific training in a craft or skill to be pursued as a career.

Warehouse means a place adapted to the reception and storage of goods. For purposes of this chapter, the term "warehouse" may include any structure used to hold goods, stores or wares temporarily, or for a length of time.

Wholesale means selling to retailers or jobbers, rather than to consumers.

Wind energy conversion system(WECS) means any device, such as a wind generator or wind turbine, which is designed to utilize the force of wind to power machinery and/or produce another form of usable energy.

Yard means a required open space other than a court, unoccupied and unobstructed by a structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, front means a yard extending between side lot lines across the front of a lot adjoining a public street.

Yard, rear means a yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations, with its inner edge parallel with the rear lot line.

Yard, side means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of corner lots, yards remaining after full and half-depth front yards have been established shall be considered side yards. Width of a required side yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations, with its inner edge parallel with the side lot line. For the purposes of these regulations, a two-family dwelling, or a multifamily dwelling shall be considered as one building occupying one lot.

Yard, special means a yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the building official shall require a yard with minimum dimensions, as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon.

Zone or district means a portion, area or section of the city, for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land and open spaces about buildings, are established.

(Code 2000, § 16-1-10; Ord. No. 839, § 1800, 1986; Ord. No. 890, § 1, 1991; Ord. No. 907, 1992; Ord. No. 915, §§ 2, 3, 1993; Ord. No. 921, 1993; Ord. No. 947, 1995; Ord. No. 972, §§ 3—5, 1996; Ord. No. 1004, § 4, 1999; Ord. No. 1022, § 1, 2000; Ord. No. 1050, 2002; Ord. No. 1088, § 3, 2006; Ord. No. 1053, §§ 1—3, 2010; Ord. No. 1165, §§ 2—4, 2010)

(a)

The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference.

(b)

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk and bear the seal of the city under the following words:

"This is to certify that this is the Official Zoning Map referred to in section 30-2 of the Lamar, Colorado Municipal Code."

(c)

If, in accordance with the provisions of this chapter, and C.R.S. § 31-23-301 et seq., changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map within 30 days after the amendment has been approved by the city council, with an entry on the official zoning map as follows:

"On _____, by official action of the City Council, the following changes were made on the Official Zoning Map: _____."

Said entry shall be signed by the mayor and attested by the city clerk. No amendment to this chapter which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map.

(d)

No changes of any nature shall be made on the official zoning map or matter shown thereon, except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be considered a violation of this chapter and punishable as provided under section 30-738.

(e)

Regardless of the existence of purported copies of the official zoning map which may, from time to time, be made or published, the official zoning map, which shall be located in the office of the city clerk, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city.

(f)

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map, which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bear the seal of the city under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted _____ as part of Ordinance No. _____ of the City of Lamar, Colorado."

Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Code 2000, § 16-1-20; Ord. No. 839, § 200, 1986; Ord. No. 1022, § 1, 2000)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits;

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines;

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

(7)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (6) of this section, the board of adjustment and appeals shall interpret the district boundaries;

(8)

Where a district boundary line divides a lot which was in single ownership at the time of adoption of the ordinance from which this chapter is derived, the board of adjustment and appeals may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(Code 2000, § 16-1-30; Ord. No. 839, § 300, 1986; Ord. No. 1022, § 1, 2000)

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

(1)

No building, structure or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located;

(2)

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

(3)

No yard or lot existing at the time of adoption of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter;

(4)

All territory which may hereafter be annexed to the city shall be annexed as O-E Open Estates, until or unless changed by ordinance.

(Code 2000, § 16-1-40; Ord. No. 839, § 400, 1986; Ord. No. 1022, § 1, 2000)

(a)

Within the districts established by this chapter or amendments that may later be adopted, there exist:

(1)

Lots;

(2)

Structures;

(3)

Uses of land and structures; and

(4)

Characteristics of use 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 amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived, and upon which actual building construction has been carried on within a 90-day limit. The term "actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed to be actual construction, provided that work shall be carried on within a 90-day limit.

(Code 2000, § 16-1-50; Ord. No. 839, § 510, 1986; Ord. No. 1022, § 1, 2000)

(a)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership, and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of adjustment and appeals.

(b)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance from which this chapter is derived, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with area or width below the requirements stated in this chapter.

(Code 2000, § 16-1-60; Ord. No. 839, § 520, 1986; Ord. No. 1022, § 1, 2000)

Where, at the time of adoption of the ordinance from which this chapter is derived, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the ordinance from which this chapter is derived or any amendment codified herein;

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the ordinance from which this chapter is derived or any amendment codified herein;

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located;

(4)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(Code 2000, § 16-1-70; Ord. No. 839, § 530, 1986; Ord. No. 1022, § 1, 2000)

Where a lawful structure exists at the effective date of the ordinance from which this chapter is derived or any amendment codified herein, that could not be built under the terms of this chapter by reasons of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

(2)

Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 75 percent of its replacement cost at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter; and

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located.

(Code 2000, § 16-1-80; Ord. No. 839, § 540, 1986; Ord. No. 1022, § 1, 2000)

If lawful use involving an individual structure with a replacement cost of $1,000.00 or more, or of a structure and premises in combination, exists at the effective date of the ordinance from which this chapter is derived or any amendment thereto, that would not be allowed in the district under the terms of this chapter, said use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter, in the district in which it is located, shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located;

(2)

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building;

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception, be changed to another nonconforming use, provided that the board of adjustment and appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment and appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter;

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, except when government action impedes access to the premises in combination, the structure and/or structure and premises, shall not thereafter be used, except in conformity with the regulations of the district in which it is located;

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. The term "destruction," for the purpose of this subsection, means damage to an extent of more than 50 percent of the replacement cost at the time of destruction.

(Code 2000, § 16-1-90; Ord. No. 839, § 550, 1986; Ord. No. 1022, § 1, 2000)

(a)

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

(b)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt, except in conformity with the regulations of the district in which it is located.

(c)

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

(Code 2000, § 16-1-100; Ord. No. 839, § 560, 1986)

Any use which is permitted as a special exception in a district under the terms of this chapter, other than a change through board of adjustment and appeals action from a nonconforming use to another use not generally permitted in the district, shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use.

(Code 2000, § 16-1-110; Ord. No. 839, § 570, 1986)