The provisions of this chapter shall be subject to the general regulations of this title and to the special provisions and exceptions in this chapter so as to secure the intent of this title. In all cases of administration and enforcement of this title for which no other specific provision is made in this chapter and other provisions herein, the planning and zoning commission shall provide for the same by order, resolution or the adoption of a rule, regulation or bylaw, which provision shall be in accord with and consistent with the objectives and standards of this title. Uses not specified within use districts are prohibited unless determined by the planning and zoning commission or its authorized representative to be similar in nature to those specified. (Ord. 86, 8-19-1980)

Whenever any uncertainty exists as to the boundary of any district shown on any zoning map, the following rules shall apply:

   A.   Where any such boundary line is indicated as following a street, alley or public way, it shall be construed as following the centerline thereof.

   B.   Where a boundary line is indicated as approximately following a lot line, such lot line shall be construed to be such boundary line.

   C.   Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be indicated upon the zoning map. (Ord. 86, 8-19-1980)

Any single lot or parcel of land, which was of record and a legal lot at the effective date hereof, but does not meet the requirements of the district in which it is located for minimum lot width and area, may be utilized if all other requirements of this title are met. (Ord. 86, 8-19-1980)

Certain structures within and projections into required yard areas are permitted, as herein specified, and shall not be considered to be obstructions or included in the calculation of coverage unless otherwise specified:

   A.   Cornices, canopies, eaves or other projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required yard more than two feet (2').

   B.   Exterior stairs of open design; provided, that no such stairs shall project into a required front or side yard.

   C.   Fences, walls, and hedges are permitted in any required yard or along the edge of any yard to a height of six feet (6') 1 ; provided, that no fence, wall, or hedge along the sides or front edge of any front yard shall be over three feet (3') in height. On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in any such manner as to materially impede vision between a height of three feet (3') and ten feet (10') above the centerline grades of intersecting streets bounded by the property lines of such corner lots on a line joining points along said property lines for thirty feet (30'). (Ord. 86, 8-19-1980)

   A.   Determination Of Nonconformity; Continuance: Any use lawfully occupying a building or land at the effective date hereof, or of subsequent amendments hereto, which does not conform to the regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during such continuance shall be permitted.

   B.   Enlargement Or Extension:

      1.   A nonconforming building may be enlarged or extended only if thereafter the entire building is devoted to a conforming use.

      2.   No building partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expansion of the space occupied by the nonconforming use. (Ord. 86, 8-19-1980)

      3.   No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the lot on which it existed at the effective date hereof, nor may any such nonconforming use displace any conforming use in the same building or on the same parcel.

   C.   Damaged Buildings: Any nonconforming building destroyed by fire or other calamity to an extent of fifty percent (50%) or more of the appraised value may not be restored unless such restoration shall make the building a conforming use; provided, however, that nothing in this title shall be construed to prevent the restoration and the resumption of the former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than fifty percent (50%) of said building's appraised value; provided, that such restoration is started within one calendar year and diligently prosecuted to completion. (Ord. 86, 8-19-1980; amd. 2008 Code)

   D.   Discontinuance Of Use: Whenever a nonconforming use of land or building has been discontinued for a period of one year, or whenever there is evidence of a clear intent to abandon a nonconforming use, such use shall not thereafter be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the use district. (Ord. 86, 8-19-1980)

   A.   General Off Street Parking And Loading Requirements:

      1.   Increase In Use: When the intensity of use of any building, structure or premises is increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified as requiring parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use.

      2.   Change Of Use: Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use.

      3.   Access Specifications In Commercial And Industrial Zones: Access to parking as required herein for commercial and industrial uses shall be not less than twelve feet (12') wide and not more than forty feet (40') wide at the curb line.

      4.   Existing Uses: No lawfully existing building shall be deemed to be a nonconforming building solely because of the lack of any such required spaces; provided, that space being used for off street parking or loading in connection with any such building at the effective date hereof shall not be further reduced in area or capacity.

      5.   Computation Of Spaces: When the calculation of the required number of spaces called for herein results in a fractional number, fractions equal to or greater than one-half (1/2) shall be adjusted to the next higher whole number of spaces.

   B.   Additional Off Street Parking Requirements:

      1.   Joint Use Of Facilities: Except as required for dwellings and motels, off street parking facilities for several buildings, structures or uses or for mixed uses may be provided collectively; provided, that the total number of spaces so located together shall not be less than the sum of the separate requirements for each of the buildings or uses.

      2.   Surface Requirements: All open off street parking areas, except for single dwelling spaces, shall be hard surfaced, including access driveways.

      3.   Lighting; Screening: Lighting used to illuminate off street parking areas shall be directed away from residential properties, and such parking areas shall be effectively screened on any side adjoining property in a residential zone by a wall, fence, or hedge to a height of six feet (6') 1 except for the front yard setback area of the adjoining residential property, in which case, the maximum height shall be three feet (3').

      4.   Location: Required parking spaces for dwellings shall be upon the same premises as the dwelling, and no parking space shall be located in any required front or side yard.

   C.   Schedule Of Required Parking And Loading: Parking spaces, as hereinafter set forth, shall be provided for all uses allowed and conditional uses permitted in any zone; provided, that a greater number of spaces may be required in any case where a conditional use permit is involved: (Ord. 86, 8-19-1980)

 

   D.   Uses Not Specifically Mentioned: Parking space requirements for a use not specifically mentioned shall be the same as for a use specified which has similar traffic generating characteristics. (Ord. 86, 8-19-1980)