Macon County Unincorporated
City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 155.020 ORGANIZATION.

(A) The administrative responsibilities of this chapter are hereby vested in two offices of the government of the county:

(1) The Office of the Zoning Administrator; and

(2) The Zoning Board of Appeals.

(B) This subchapter shall first set out the authority of each of these two offices and shall then describe the procedures and substantive standards to the following administrative functions:

(1) Issuance of zoning certificates;

(2) Issuance of occupancy certificates;

(3) Variations;

(4) Appeals;

(5) Amendments;

(6) Special uses;

(7) Planned unit developments;

(8) Fees;

(9) Compliance with regulations; and

(10) Penalties.

(Ord. O-95-2-12, passed 2-9-2012)

§ 155.021 THE OFFICE OF THE ZONING ADMINISTRATOR.

(A) Creation. There is hereby created the Office of the Zoning Administrator. The Zoning Administrator shall be the head of this office and shall be appointed by the Chairperson of the County Board, by and with the consent and advice of the County Board. The Zoning Administrator may be removed by the Chairperson of the County Board for cause. Any other employees of the Office of the Zoning Administrator shall be appointed as shall be authorized by the County Board in its annual appropriation ordinance.

(B) Duties of the Office of the Zoning Administrator. The Zoning Administrator shall enforce this chapter and in addition thereto and in furtherance of that authority, he or she shall:

(1) Issue all zoning certificates, and make and maintain records thereof;

(2) Issue all certificates of occupancy, and make and maintain records thereof;

(3) Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter;

(4) Maintain permanent and current records of this chapter, including but not limited to all maps, amendments and special uses, variations, appeals, and applications therefor;

(5) Provide and maintain a public information bureau relative to all matters arising out of this chapter;

(6) Receive, file, and forward to the County Board (with copies to the Zoning Board of Appeals) all applications for special uses, variations, and for amendments to this chapter;

(7) Receive, file, and forward to the Zoning Board of appeals all applications for appeal or for other matters on which the Board is required to pass under this chapter;

(8) Review all property which has been subject of legal action, invalidating the zoning as applied by this chapter and submit an amendment for classification of the property to the County Board;

(9) Review all property which has been disconnected from a municipality or that has come within the jurisdiction of the county as the result of the dissolution of a municipality and submit an amendment for reclassification of the property to the County Board;

(10) Determine use, lot, and bulk requirements in specific instances, as stipulated in §§ 155.115 through 155.123, 155.135 through 155.137, 155.150, 155.151, 155.165, 155.166, and 155.180 through 155.182;

(11) Allow parking lots in residence districts to be illuminated between the hours of 10:00 p.m. and 7:00 a.m., when necessary for the public safety or welfare;

(12) Initiate, direct, and review, from time to time, a study of the provisions of this chapter, and make reports of his or her recommendations to the Zoning Committee of the County Board, not less frequently than annually;

(13) Develop and implement policies and procedures to promulgate the regulations of this chapter;

(14) Issue stop work orders to prohibit any activity that is in violation of this chapter; and

(15) To allow a waiver of bulk requirements within any zoning district under the following circumstances:

(a) The waiver does not permit more than a cumulative 10% variation from the bulk requirements of the zoning district;

(b) In the opinion of the Zoning Administrator, all the standards for variances, as enumerated in § 155.027(B), are met by the applicant; and

(c) Before the waiver is granted, the Zoning Administrator shall send a notice by certified mail to all adjoining landowners of the intent to issue the waiver. If any adjoining landowner files a written objection with the Zoning Administrator within 15 days of receipt of the notice, no waiver shall be granted.

(Ord. O-95-2-12, passed 2-9-2012)

§ 155.022 THE ZONING BOARD OF APPEALS.

(A) Creation and membership. A Zoning Board of Appeals is hereby authorized to be established. Whenever the word BOARD is used in this section, it shall be construed to mean the Board of Appeals. The Board of Appeals shall consist of five members, plus two alternate members if desired, appointed by the Chairperson of the County Board by and with the consent and advice of the County Board to serve, respectively, for the following terms: one for one year, one for two years, one for three years, one for four years, and one for five years; and the alternate members shall serve respectively for four years and five years. The successor to each member so appointed shall serve for a term of five years. Alternate members, if appointed, shall serve as members of the Board only in the absence of regular members, with the alternate member who has the greatest amount of time remaining in his or her term to have priority over the other alternate member in determining which alternate member shall serve in the absence of a regular member. All members of the Board shall be residents of separate congressional townships at the time of their appointment. One of the members so appointed shall be named as Chairperson at the time of his or her appointment, and in case of vacancy, the appointing authority shall designate a Chairperson. The appointing power shall have the power to remove any member of the Board for cause, after a public hearing. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose place has become vacant.

(B) Jurisdiction. The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:

(1) To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator under this chapter;

(2) To hear all applications for special uses, variations, and amendments to this chapter in the manner prescribed by, and subject to, the standards established herein, and report the findings and recommendations to the County Board;

(3) To hear and decide all applications for variations to this chapter in the manner prescribed by, and subject to, the standards established herein; and

(4) To hear and decide all matters referred to it or upon which it is required to pass under this chapter as prescribed by the statute.

(C) Meetings and rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at times as the Board may determine. Hearings shall be conducted by the Board and shall be open to the public. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. The Chairperson is empowered to administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment, and every order, requirement, decision, or determination of the Board shall be filed immediately in the office of the Zoning Administrator and shall be a public record. The Board shall adopt its own rules and procedure, not in conflict with this chapter or with the applicable state statutes, and may select or appoint any officers as it deems necessary.

(D) Finality of decisions of the Zoning Board of Appeals. All decisions and findings of the Zoning Board of Appeals on appeal of administrative decision shall, in all instances, be final and shall be subject to review by court as by law may be provided.

(Ord. O-95-2-12, passed 2-9-2012)

§ 155.023 ZONING CERTIFICATES.

(A) Certificate required. Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee of the county unless the application for the permit has been examined by the Office of the Zoning Administrator and has affixed to its certificate of the Office of the Zoning Administrator indicating that the proposed building or structure complies with all provisions of this chapter. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.

(B) Plats.

(1) Every application for a building permit shall be accompanied by:

(a) A copy of the deed; and

(b) A plat, in triplicate, drawn to scale in a form as may from time to time be prescribed by the Zoning Administration, showing the ground area, heights, and bulk of the building or structure or land and any other information as may be required by the Zoning Administration for the proper enforcement of this chapter.

(2) One copy of each of the two plats shall be attached to the application for a building permit when it is submitted to the Office of the Zoning Administration for a zoning certificate and shall be retained by the Zoning Administrator as a public record.

(Ord. O-95-2-12, passed 2-9-2012)

§ 155.024 BUILDING PERMITS AND OCCUPANCY CERTIFICATES.

(A) Any building or structure that is longer than ten feet on any side, or any addition to the building or structure, shall be required to be issued a building permit by the Office of the Zoning Administrator. The Zoning Administrator shall have the authority to issue stop work orders or revoke previously issued building permits based on failure to comply with the rules or regulations promulgated by the Office of the Zoning Administrator.

(B) No building, or addition thereto, constructed after the effective date of this chapter, and no addition to a previously existing building shall be occupied, and no land vacant on the effective date of this chapter shall be used for any purpose, until a certificate of occupancy has been issued by the Office of the Zoning Administrator. No change in use other than that of a permitted use shall be made until a certificate of occupancy has been issued by the Office of the Zoning Administrator. Every certificate of occupancy shall state that the use or occupancy complies with all the provisions of this chapter.

(1) Application for occupancy certificate. Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the Office of the Zoning Administrator.

(2) Issuance of occupancy certificate. No occupancy certificate for a building or addition thereto constructed after the effective date of this chapter shall be issued until construction has been completed and the premises inspected and certified by the Office of the Zoning Administrator to be in conformity with the plans and specifications upon which the zoning certificate was based. No occupancy certificate for a building or addition thereto, constructed after the effective date of this chapter, shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the Office of the Zoning Administrator to be in compliance with all the applicable performance standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued, to be valid for a period of not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises.

(Ord. O-95-2-12, passed 2-9-2012)

§ 155.025 ADMINISTRATION AND ENFORCEMENT.

(A) Appeals. An appeal may be taken to the Zoning Board of Appeals by any person aggrieved by a decision of the Office of the Zoning Administrator. The appeal shall be taken within a time as shall be prescribed by the Zoning Board of Appeals by general rule, by filing with the Office of the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all of the papers constituting the record upon which the action appealed from was taken.

(B) Findings on appeals.

(1) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Zoning Board of Appeals after the notice of appeal has been filed with him or her that by reasons of facts stated in the certificate a stay would, in his or her opinion, cause eminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court on application, on notice to the Zoning Administrator and on due cause shown.

(2) The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a written decision on the appeal without unreasonable delay. The Board may affirm or may, upon the concurring vote of three members, reverse, wholly or in part, or modify the order, requirement, decision, or determination, as in its opinion it determines ought to be done, and to that end shall have all the powers of the officer from whom the appeal is taken.

(3) The Zoning Administrator shall maintain complete records of all actions of the Board relative to appeals.

(Ord. O-95-2-12, passed 2-9-2012; Res. G-4111-6-14, passed 6-12-2014)

§ 155.026 APPLICATION FOR AND APPROVAL OF VARIANCES, SPECIAL USE PERMITS, AND AMENDMENTS.

(A) Application. An application for a variance, special use permit, or amendment may be made by any person owning or having an interest in the subject property. Petitions for zoning amendments may also be filed by a member of the County Board, by the Zoning Board of Appeals, and by the Zoning Administrator. The application shall be filed with the Zoning Administrator, in a form as required by the Zoning Administrator and the Zoning Board of Appeals. The application shall be accompanied by any information, plans, plats, and/or data as required by the Zoning Administrator and the Zoning Board of Appeals.

(B) Filing fees.

(1) Any application for an amendment, special use, or variance shall be accompanied by a fee. The fee shall be established by resolution of the County Board. All fees shall be collected by the Zoning Administrator for deposit with the County Treasurer. There shall be no fee, however, in the case of applications filed in the public interest by members of the County Board, the Zoning Administrator, or the Zoning Board of Appeals.

(2) An additional filing fee shall be paid in connection with the filing of any amended petition or request in the event the terms of this chapter require the republication of notice of hearing on the petition or request. The additional fee shall be in the amount equal to one-half of the original filing fee; provided, however, that no additional fee shall be required in the event no notice of a hearing on the original petition or request has been published in a newspaper under the terms of this chapter.

(3) In cases where additional hearings and/or meetings are required because of the complex nature of an application, an additional fee shall be assessed by the County Board. The additional fee shall cover the extraordinary costs of newspaper notice, per diem expenses of member of the County Board and the Zoning Board of Appeals, secretarial work, photo copying, travel, postage, and the like.

(C) Public hearings. The Zoning Board of Appeals shall hold a public hearing on each application at a time and place designated by the Chairperson. The hearing shall be conducted and a record of the proceedings shall be preserved in a manner as the Zoning Board of Appeals shall, by rule, prescribe from time to time.

(D) Notice of public hearing.

(1) Notice of the time and place of the public hearing shall be published at least once, at least 15 days in advance thereof in a newspaper of general circulation published in the township or road district in which the property is located. If no newspaper is published in the townships or road district, then the notice shall be published in a newspaper of general circulation published in the county and having circulation where the property is located. In addition, at least 15 days prior to each hearing, a copy of the notice shall be mailed to the clerk of each municipality, the corporate limits of which lie within one and one-half miles of the property in question. Supplemental or additional notices may be published or distributed as the Zoning Board of Appeals may, by rule, prescribe from time to time.

(2) At least 15 days before the hearing, a sign shall be posted on the road or street frontage of the property in question, giving notice that an application for zoning action has been filed.

(3) Where the application is initiated by a Board Member of this county, the Zoning Administrator, or by the Zoning Board of Appeals of its own motion, a true copy of the application or of the Board’s order shall be served upon the owner or owners of record in person or by certified United States mail within ten days after the filing of the application or the entry of the Board order initiating the proceeding. Where the application is filed by a person having an interest in the subject property, a notice and copy of the application shall be served by the applicant in like manner upon each of the other co-owners or those having an interest. The foregoing notice and service requirements shall be in addition to the posting and publishing requirements of this division (D).

(E) Required vote of the Zoning Board of Appeals. After a public hearing, the Zoning Board of Appeals shall vote to determine its action or recommendation on the application. The Zoning Board of Appeals shall not recommend in favor of an application unless the Board shall make findings as required in §§ 155.027, 155.028, and 155.029, where applicable. The affirmative vote of three members of the Zoning Board of Appeals shall be necessary to act or recommend in favor of an application.

(F) Action by the County Board.

(1) The County Board shall not act upon an application until it has received a written report and recommendation from the Zoning Board of Appeals.

(2) The County Board may, with or without further public hearing as the majority of the members thereof shall by motion direct, approve, or disapprove, or in part approve and in part disapprove, the recommendation of the Board of Appeals. Any application which fails to receive a recommendation for approval from the Zoning Board of Appeals shall not be passed by the County Board except by the favorable vote of three-fourths of all the members of the County Board.

(3) In addition to the preceding regulations, the following shall also apply to the approval of special use permits and amendments, only:

(a) An amendment to the text of the zoning ordinance may be passed by a simple majority of the elected County Board members, unless written protests against the proposed text amendment are signed by 5% of the land owners of the county, in which case the amendment shall not be passed except by the favorable vote of three-fourths of all the members of the County Board; and

(b) Special use permits and amendments to the zoning map may be passed by a simple majority of the elected County Board members, except that in case of written protest against any application that is either: signed by the owner or owners of at least 20% of the land in question; or signed by the owner or owners of land immediately touching or immediately across a street, alley, or public right-of-way from at least 20% of the perimeter of the land in question, or in cases where the land affected lies within one and one-half miles of the limits of a zoned municipality, or in the case of a proposed text amendment to the zoning ordinance by resolution of the corporate authorities of the zoned municipality with limits nearest adjacent, filed with the County Clerk, the amendment shall not be passed except by the favorable vote of three-fourths of all the members of the County Board. In those cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed zoning action and a copy upon the applicant’s attorney, if any, by certified mail at the address of the applicant and attorney shown in the application filed with the Zoning Administrator.

(G) Effect of denial. No application which has been denied wholly or in part by the County Board shall be resubmitted for a period of one year from the date of the order of denial except on grounds of changed conditions.

(Ord. O-95-2-12, passed 2-9-2012; Res. G-4111-6-14, passed 6-12-2014)

§ 155.027 VARIANCES.

(A) Purpose. The Zoning Board of Appeals after a public hearing may approve a variance, only in the specific instances hereinafter set forth, where the Board makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.

(B) Standards for variances.

(1) The Zoning Board of Appeals shall not vary the regulations of this chapter, as authorized in division (A) hereof, unless it shall make findings based upon the evidence presented to it in each specific case that:

(a) Because of the physical surroundings, shape, or topographical conditions of the specific property involved, a hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulation were carried out;

(b) The conditions upon which the petition for a variance is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning district;

(d) The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property;

(e) The granting of the variance will not be significantly detrimental to the public welfare or substantially injurious to other property or improvements in the neighborhood in which the property is located; and

(f) The proposed variance will not impair an adequate supply of light and air to adjacent property; substantially increase the congestion in the public streets; increase the danger of fire; endanger the public safety; or substantially diminish or impair property values within the neighborhood.

(2) The Zoning Board of Appeals may approve any conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this division (B) to reduce or minimize the effect of the variance upon other property in the neighborhood and to better carry out the general intent of this chapter.

(C) Authorized variances. Variances shall be approved by the Zoning Board of Appeals only in accordance with the standards established in division (B) above, and may be considered in the following instances:

(1) To permit any yard or setback less than the yard or setback required by the applicable regulations;

(2) To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 90% of the required area and width;

(3) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided the substantial use of the facility by each user does not take place at approximately the same hours of the same days of the week;

(4) To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space or 20% of the applicable regulations, whichever number is greater;

(5) To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served; and

(6) To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations.

(D) Effect of denial. No application for variation which has been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted for a period of one year from the date of the order of denial except on grounds of changed conditions.

(Ord. O-95-2-12, passed 2-9-2012)

§ 155.028 AMENDMENTS.

(A) Authority. For the purposes of promoting the public health, safety, morals, welfare, and conserving values of property throughout the county, and lessening or avoiding congestion in the public streets and highways, the County Board may from time to time, in the manner hereinafter set forth, amend the regulations imposed and the districts created by this chapter, provided that in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire county, and the use to which property is devoted at the time of adoption of any amendatory ordinance.

(B) Findings of fact and recommendations of the Zoning Board of Appeals.

(1) Within a reasonable time after the close of the hearing on a proposed amendment, the Zoning Board of Appeals shall make written findings of fact and shall submit the same together with its recommendation to the County Board. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Zoning Board of Appeals shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

(a) Existing use of property within the general area of the property in question;

(b) The zoning classification of property within the general area of the property in question;

(d) The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was placed in its present zoning classification.

(2) The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds the adoption of such an amendment is in the public interest. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this division (B)(2), the R1 District shall be considered the highest classification and the M2 District shall be considered the lowest classification.

(Ord. O-95-2-12, passed 2-9-2012)

§ 155.029 SPECIAL USE.

(A) Purpose. The development and execution of a zoning ordinance is based upon the division of the county into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. The special uses fall into two categories:

(1) Uses publicly operated or traditionally concerning a public interest; and

(2) Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(B) Standards. No special use shall be recommended by the Zoning Board of Appeals unless the Board shall find that:

(1) The establishment, maintenance, or operation of the special use will not substantially be detrimental to or endanger the public health, safety, welfare, and morals;

(2) The special use will not substantially be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or substantially diminish and impair property values within the neighborhood;

(3) The establishment of the special use will not substantially impede the normal and orderly development and improvements of surrounding property for uses permitted in the district;

(4) The adequate utilities, access roads, drainage, and/or other necessary facilities have been or are being provided;

(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in public streets; and

(6) The special use shall in all other aspects conform to the applicable regulations of the district in which it is located, except as the regulations may in each instance be modified by the County Board pursuant to the recommendation of the Zoning Board of Appeals.

(C) Planned developments. Planned developments are of a substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern recommendation of the Zoning Board of Appeals and the action of the County Board.

(1) Use exceptions. In the case of residential, business, or manufacturing planned developments, the Zoning Board may recommend, and the County Board may authorize, that there be in part of the area of the development and for the duration of development, specified uses not permitted by the use regulations of the district in which the development is located, provided the Zoning Board of Appeals shall find:

(a) The uses permitted by the exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;

(b) The uses permitted by the exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood;

(c) Not more than 20% of the ground area or of the gross floor area of the development shall be devoted to the uses permitted by the exception;

(d) In a manufacturing planned development, the additional uses allowed by exception shall conform with the performance standards of the district in which the development is located, as set forth in §§ 155.135 through 155.137; and

(e) The use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district maps.

(2) Bulk regulations. In case of any planned development, the Zoning Board of Appeals may recommend, and the County Board may authorize, exceptions to the applicable bulk regulations of this chapter within the boundaries of the development, provided that the Zoning Board of Appeals shall find:

(a) The exception shall be solely for the purpose of promoting an integrated site plan no less than beneficial to the residents or occupants of the development, as well as of neighboring properties, than would be obtained under the bulk regulations of this chapter for buildings developed on a separate zoning lots;

(b) The overall floor area ratio of a residential planned development would not exceed by more than 15% the maximum floor area ratio which would be determined on the basis of the floor area ratio required for the individual uses in the planned development, as stipulated in §§ 155.183 and 155.184;

(c) The maximum lot area per dwelling unit requirements of this chapter shall not be decreased by more than 15% in any development containing residential uses, and that there shall be available to each residential building and immediately adjacent thereto (including the land area upon which it is erected) the minimum amount of land area required for the building under the lot area per dwelling unit provisions of this chapter;

(d) The spacing between principal buildings shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this chapter on separate zoning lots, due consideration being given to the openness normally afforded by intervening streets and alleys; and

(e) Along the periphery of the planned developments yards shall be provided as required by the regulations of the district in which the development is located.

(D) Conditions and guarantees. Prior to the granting of any special use permit the Zoning Board of Appeals may recommend and the County Board shall stipulate any conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in division (B) of this section. In all cases in which special uses are granted, the County Board shall require evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

(Ord. O-95-2-12, passed 2-9-2012)

§ 155.030 COMPLIANCE WITH REGULATIONS.

Except as hereinafter specifically provided:

(A) No land shall be used except for a purpose permitted in the district in which it is located;

(B) No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building be used, except for a use permitted in the district in which the building is located;

(C) No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit herein established for the district in which the building is located;

(D) No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regulations of the district in which the building is located;

(E) No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which the building is located;

(F) The minimum yards, parking spaces, and open spaces, including lot area per family, required by this chapter for each and every building existing at the time of passage of this chapter or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this chapter for the district in which the lot is located; and/or

(G) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot except as specifically provided hereinafter.

(Ord. O-95-2-12, passed 2-9-2012) Penalty, see § 155.999