The following general regulations pertain to the administration of, enforcement of and compliance with this ordinance.

No structure shall be constructed, erected, placed or maintained and no land use commenced or continued in the City of Moody except as specifically or by necessary implications, authorized by the city.

A.

No land may be used except for a purpose permitted in the district of its location.

B.

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered; and it shall adhere to the use permitted in the district in which it is located.

C.

No building shall be: erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the area and height limits of the district in which the building is located.

D.

The minimum building line, number of parking spaces, open spaces, including lot area per family, required by this ordinance for each and every building existing at the time of the passage of this ordinance or for any building hereafter erected, shall not be encroached upon or considered as a required building or open space for any other building, nor shall any lot area be reduced below the requirements of this ordinance.

E.

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 and one main use on one lot. Accessory structures shall not include living quarters. In addition, sanitary facilities will not [be] permitted in accessory structures without the approval of the city council.

F.

Buildings or structures hereafter constructed in the city shall conform with all applicable provisions for the American National Standard for Buildings and Facilities for Physically Disabled and/or Handicapped. (See the Standard Building Code, 1994, chapter 11.) (Note: It should be noted that certain types of buildings are exempt from these requirements.)

G.

In no case shall basements of dwellings, residences or buildings be used as temporary living space prior to the total completion of the structure.

No structure shall be erected, structurally altered for or used as, a single-family or two-family dwelling simultaneously with any other use.

Utility structures, including, but not limited to: poles, wires, cross arms, transformers attached to poles, guy wires, insulators, conduits and other facilities necessary for the transmission or distribution of electric power or to provide cable television, telephone or telegraph service and pipe lines, vents, valves, hydrants, regulators, meters and other facilities necessary for the transmission or distribution of gas, oil water or other utilities may be constructed, erected, repaired, maintained or replaced within any district of the city. This is not to be construed to include the erection or construction of buildings. (See district regulations for public utility facilities and services.)

Within the districts established by this ordinance or amendments that may later be adopted there exist: lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue until they are removed. Their survival shall not be encouraged. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or used as grounds for adding other structures or uses prohibited elsewhere in the same district in which the nonconforming use is located.

6.01.

Nonconforming lots of record.

A.

Where a lot of record existed at the time of the effective date of this ordinance, having less area or width than herein required for the district in which it is located, the following shall apply:

1.

Said lot may nonetheless be used as a building site, provided the yard space and other requirements conform as closely as possible with the requirements of the district in which it is located. This is the opinion of the zoning board of adjustments.

2.

The provision in [subsection] [A.]1 [of this section], shall not apply when two or more lots exist together, with contiguous frontage in single ownership at the time of passage of this ordinance or any time thereafter. Such land shall be considered to be an undivided parcel for the purpose of this ordinance and shall not be used or sold in a manner which creates lot area or width below the requirements stated in this ordinance.

A lawful nonconforming use existing at the effective date of this ordinance may be continued, except as hereafter provided, even though such use does not conform with the provisions of this ordinance subject to the conditions outlined in § 6.00.

Nothing in this ordinance shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities.

No nonconforming building or structure which has been damaged by fire or other causes, to the extent of more than 50 percent of its current replacement value at the time of such damage, shall be rebuilt or restored except in conformity with the provisions of this ordinance. If a nonconforming buildings is damaged less than 50 percent of its current replacement value, it may be rebuilt or restored and used as before the damage, provided that such rebuilding or restoration is completed within 12 months of the date of such damage.

A nonconforming use which has been discontinued for a continuous period of one year shall not be re-established and any future use shall be in conformity with the provisions of this ordinance.

See article VI, § 22.00, MR municipal reserve district, for annexation procedures.

A nonconforming use shall not be changed to another nonconforming use.

Whenever any street, alley or other public way is vacated or abandoned by an official action of the City of Moody, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of the same and all the area included therein shall then be subject to all appropriate regulations of the extended district.

No lot shall be reduced in area so that yards and other open spaces total less than the minimum area required under this ordinance. (See subsection 6.01.)

A structure or building conforming to the use regulations of a district, but not conforming to other provisions of this ordinance, may be enlarged or altered, provided that such enlargement or alteration conforms with the provisions of this ordinance. For instance, a house in a residential district with three bedrooms can have alterations made to it by way of adding a bedroom and a bathroom, provided it still conforms to other requirements of this ordinance such as the setbacks, building height, etc.

Any building or structure which is to be moved to any location within the city limits of the City of Moody shall be considered for the purpose of this ordinance to be a new building under construction, and as such, shall conform to all applicable provisions of this ordinance.

^*  The planning commission will decide buffer arrangements based on adjacent uses, pollution factors, etc.

1. All buffer dimensions are indicated in feet ('); the planning commission and the city council have the sole authority to relax or increase buffer distances; and, recommend other buffer measures, such as, berms, adequate plantation, walls and fences, etc., to abate any form of pollution and nuisance.

2. The Y axis denotes the specific zone district, the X axis denotes the adjoining zone districts.