In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

   The lot or yard areas required by this Zoning Code for a particular building shall not be diminished and shall not be included as a part of the required lot or yard areas of any other building. The lot or yard areas of buildings existing at the time of the adoption of this Zoning Code shall not be diminished below the requirements herein provided for buildings hereafter erected, and such required areas shall not be included as a part of the required areas of any building hereafter erected.

   This Zoning Code shall not be held to repeal, abrogate, annul or in any way impair or interfere with any existing or hereafter enacted provision of law or ordinance, or any rule or regulation previously adopted or issued, or which shall be adopted or issued pursuant to laws or ordinances relating to the use of buildings or premises, nor shall this Zoning Code be held to interfere with, abrogate or annul any easement, covenant or other agreement between parties. However, where this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires a larger yard area, than is imposed or required by such existing provisions of law or ordinance, by such rules or regulations, or by such easements, covenants or agreements, then the provisions of this Zoning Code shall control.

(Ord. 1985-29. Passed 10-14-85.)

   Nothing in this Zoning Code shall be deemed to require any change in the plans, construction or designated use of a building for which a building permit was issued prior to the date of adoption of this Zoning Code and the construction of which was diligently prosecuted within thirty days of the date of such permit, and the ground story framework of which, including the second tier of beams, was completed within six months of the date of such permit, and which entire building was completed according to such plans, as filed, within two years from the date of the adoption of this Zoning Code. Nothing in this Zoning Code shall be deemed to prevent the restoration of a wall declared to be unsafe by the Director of Buildings.

(Ord. 1985-29. Passed 10-14-85; Ord. 1990-18. Passed 4-23-90.)

   Council may, from time to time, on its own motion or on petition, after public notice and hearing, amend this Zoning Code. Every such proposed amendment shall be referred by Council to the City Planning Commission for report. An amendment that has failed to receive the approval of the Commission shall not be passed by Council except by a two-thirds vote. If a protest against such amendment is presented, duly signed and acknowledged by the owners of twenty percent of the land adjacent to or abutting an area proposed to be altered, such amendment shall not be passed except by a three-fourths vote of Council. If such amendment will transfer an area to a less restricted use, and a protest is presented, duly signed and acknowledged by the owners of twenty percent of the land adjacent to such less restricted district, which land is within a district that is more restrictive than the district into which the transfer is proposed to be made, and also within 200 feet of such district, then such amendment shall not be passed except by a three-fourths vote of Council.

   Whenever the owners of fifty percent of the land adjacent to or abutting any area present a petition to Council, duly signed and acknowledged, requesting an amendment of the regulations prescribed for such area, it shall be the duty of Council to vote upon such amendment within ninety days of the filing of the same by the petitioners with the Clerk of Council.

   If any area is hereafter transferred to another district by a change in the district boundaries by amendment as provided in this section, the provisions of this Zoning Code with respect to buildings or premises existing at the time of the passage of this Zoning Code shall apply to buildings or premises existing in such transferred area at the time of the passage of such amendment.

(Ord. 1985-29. Passed 10-14-85.)

   The lines, parts and designations of the Zone Map and the sections, subsections, districts and building lines forming a part of or established by this Zoning Code, and the several parts, provisions and regulations of this Zoning Code, are hereby declared to be independent lines, parts and designations of the Zone Map, and independent sections, subsections, districts, building lines, parts, provisions and regulations of this Zoning Code. The holding of any such section, subsection, district, building line, part, provision or regulation, or of any line, part or designation of the Zone Map, to be unconstitutional, void or ineffective for any reason shall not affect or render invalid any other section, subsection, district, building line, part, provision or regulation of this Zoning Code or any line, part or designation of the Zone Map.

(Ord. 1985-29. Passed 10-14-85.)

   Words used in the present tense in this Zoning Code include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot," and the word "building" includes the word "structure." In addition, as used in this Zoning Code, unless otherwise provided:

   (a)   Accessory Use or Building. "Accessory use or building" means a use or building, respectively, customarily incident to and located on the same lot with another use or building.

   (b)   Apartment. "Apartment" means a room or suite of rooms in an apartment house, which room or suite is arranged, intended or designed to be occupied as the residence of a single family, individual or group of individuals.

   (c)   Apartment Hotel. "Apartment hotel" has the same meaning provided in subsection (d) hereof, except that an apartment hotel has a common kitchen and dining room therein, in addition to or in place of the kitchens and dining rooms in the apartments themselves.

   (d)   Apartment House. "Apartment house" means a building arranged, intended or designed to be occupied by three or more families living independently of each other and doing their own cooking upon the premises.

   (e)   Double House. "Double house" means a dwelling arranged, intended and designed to be occupied by two families, with a vertical, fireproof party wall or walls separating the living quarters of each and with each of such two quarters conforming to the requirements for a single-family dwelling.

   (f)   Duplex House. "Duplex house" means a double house with the front or main entrance for each family, respectively, facing on intersecting streets and occupying the lot at the intersection thereof and with each two living quarters conforming to the requirements of a single-family dwelling.

   (g)   Dwelling. "Dwelling" means a building arranged, intended or designed to be occupied by not more than two families living independently of each other and doing their own cooking upon the premises.

   (h)   Established Grade. "Established grade" means the elevation of a street curb as fixed by the City.

   (i)   Family. "Family" means any number of individuals living and cooking together on the premises as a single housekeeping unit.

   (j)   Front Yard. "Front yard" means an open unoccupied space on the same lot with a building between the front line of the building and the front line of the lot.

(Ord. 1985-29. Passed 10-14-85.)

   (k)   Gasoline Service Station. "Gasoline service station" means any area of land, including any structure thereon, that is used or designed to be used for the supply of gasoline, oil or other fuel for the propulsion of motor vehicles.

   (l)   Height of a Building. "Height of a building" means the vertical distance, measured at the centerline of its principal front, from the established grade or from the natural grade (if higher than the established grade) to the level of the highest point in the coping of a flat roof, to the deck line of a mansard roof, to the mean height of the highest gable of a pitched roof or to half the height of a hipped roof. Where no roof beams exist or where there are structures wholly or partly above the roof, the height shall be measured to the level of the highest point of the building.

   (m)   High-Rise Apartment House. "High-rise apartment house" means any apartment building that has a height of at least forty feet but not exceeding 120 feet.

   (n)   Least Dimension of a Yard. "Least dimension of a yard" means the least of the horizontal dimensions of such yard. If two opposite sides of a yard are not parallel, the horizontal dimension between them shall be deemed to be the mean distance between them.

   (o)   Lot. "Lot" means a parcel of land occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this Zoning Code and such open spaces as are arranged and designed to be used in connection with such building.

   (p)   Natural Grade. "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining a building.

   (q)   Nonconforming Use. "Nonconforming use" means a use that does not comply with the regulations of the zoning district in which it is situated.

   (r)   Rear Yard. "Rear yard" means an open unoccupied space on the same lot with a building between the rear line of the building and the rear line of the lot.

   (s)   Side Yard. "Side yard" means an open unoccupied space on the same lot with a building, situated between the building and the side of the lot and extending through from the street or from the front yard to the rear yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.

   (t)   Single-Family Dwelling. "Single-family dwelling" means a dwelling entirely detached and independent from any other structure, which dwelling is arranged, intended or designed to be occupied by a single family.

   A single-family dwelling shall consist of not less than three rooms and a bathroom, and may be built either with a basement or a utility room which basement or utility room is not less than 400 square feet.

   (u)   Street Line. "Street line" means the dividing line between a street and a lot.

   (v)   Two-Family Dwelling. "Two-family dwelling" means a detached dwelling arranged, intended or designed to be occupied by two families, one of which has its principal living rooms on the first floor and the other of which has its principal living rooms on the second floor.

   Two-family dwellings shall have a basement or utility room containing not less than 700 square feet and not less than four living rooms and a bathroom for each family.

   (w)   Zoning Code. "Zoning Code" means Title Five of Part Eleven - the Planning and Zoning Code - of the Codified Ordinances of the City.

(Ord. 1985-29. Passed 10-14-85.)