- NONCONFORMING USES; EXCEPTIONS AND MODIFICATIONS
(a)
Any building existing at the time of enactment or subsequent amendment of this chapter, but not in conformity with its provisions, may be continued with the following limitations. Any building which does not conform with this chapter may not be:
(1)
Changed to another nonconforming use, except where the change is to a nonconforming use substantially the same or of a more restricted classification than that which existed prior to the effective date of this chapter;
(2)
Reestablished after discontinuance for six months; or
(3)
Extended except in conformity to this chapter.
(b)
Any building which does not conform to this chapter may be maintained in its existing use providing such annual maintenance cost does not exceed one-tenth of its fair sales value at that time.
(c)
Any use not enclosed within the confines of a building (such as a storage yard, junkyard, signs and billboards), existing at the time of enactment or amendment of the ordinance from which this chapter derives or of any amendment of this chapter, but not in conformity with its provisions, may be continued not longer than two years from and after such enactment or amendment.
(Code 1961, § 19-20)
Wherever the side of any lot of record in a residential district abuts on a B business, C commercial, M manufacturing, or P planned commercial district, or wherever any lot of record in a residential district is located directly across the street from a B business, C commercial, M manufacturing or P planned commercial district, the lot of record may be used for the office of a physician, lawyer, engineer, architect, real estate broker, insurance agent or similar business; provided that a floor area of not more than 1,800 square feet in a building may be so used; provided further that such office building shall leave side and rear yards as provided for the district in which it is located; and provided further that such office use shall be accompanied by off-street automobile parking as required in section 126-48. The yard requirements of this section, however, shall not prevent a building existing on a lot of record at the time of adoption of the ordinance from which this chapter derives from being used for such an office.
(Code 1961, § 19-21)
The minimum lot size requirements of section 126-46 notwithstanding, a single-family dwelling and its accessory buildings may be erected on any lot of record or parcel of land in a residence B business, P planned commercial, or C commercial district which became legally established and defined by deed or act of sale before the adoption of the ordinance from which this chapter derives, provided the side yard of no dwelling shall be less than three feet.
(Code 1961, § 19-22)
(a)
Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured from a point 25 feet from the centerline of the street to the front building line.
(b)
Other front yard requirements notwithstanding, the front of no building need be set back more than the average setbacks of the buildings within 100 feet on either side.
(c)
Steps or stoops not exceeding 24 square feet in area, eaves, cornices, belt courses, window sills and unenclosed and uncovered porches may project into any required yard provided such construction does not project nearer than two feet to lot lines. Where adjacent to a garage (not a living area) on an adjacent lot, unenclosed carports may project into a side or rear yard provided such construction does not project nearer than five feet to the lot line in an R-2 district nor three feet in other districts; and nonliving area utility sheds not in excess of 120 square feet may be constructed at the rear of such carports.
(d)
On lots occupied by dwellings, not more than 40 percent of the rear yard of the main building may be occupied by one-story buildings of accessory use and garage apartments where permitted.
(e)
In the R-4, R-5, B and C districts, multiple dwellings shall provide side and rear yards which are equal to not less than half the height of the building.
(f)
On corner lots in R-2 districts, there shall be a street side yard of 12 feet; and in R-3 and R-4 districts, a street side yard of eight feet.
(Code 1961, § 19-23)
In the case of a housing project consisting of a group of two or more buildings to be constructed on a plot of ground of at least three acres not subdivided into the customary streets and lots which will not be so subdivided or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this chapter to the individual buildings in such housing projects, the application of such requirements to such housing project shall be made by the city council in a manner that will be in harmony with the character of the neighborhood and will ensure a density of land use no higher than a standard of open space at least as high as required by this chapter in the district in which the proposed project is to be located. In no case shall the city council authorize a project without prior approval of the planning commission and a use prohibited in the district in which the housing project is to be located.
(Code 1961, § 19-24)
- NONCONFORMING USES; EXCEPTIONS AND MODIFICATIONS
(a)
Any building existing at the time of enactment or subsequent amendment of this chapter, but not in conformity with its provisions, may be continued with the following limitations. Any building which does not conform with this chapter may not be:
(1)
Changed to another nonconforming use, except where the change is to a nonconforming use substantially the same or of a more restricted classification than that which existed prior to the effective date of this chapter;
(2)
Reestablished after discontinuance for six months; or
(3)
Extended except in conformity to this chapter.
(b)
Any building which does not conform to this chapter may be maintained in its existing use providing such annual maintenance cost does not exceed one-tenth of its fair sales value at that time.
(c)
Any use not enclosed within the confines of a building (such as a storage yard, junkyard, signs and billboards), existing at the time of enactment or amendment of the ordinance from which this chapter derives or of any amendment of this chapter, but not in conformity with its provisions, may be continued not longer than two years from and after such enactment or amendment.
(Code 1961, § 19-20)
Wherever the side of any lot of record in a residential district abuts on a B business, C commercial, M manufacturing, or P planned commercial district, or wherever any lot of record in a residential district is located directly across the street from a B business, C commercial, M manufacturing or P planned commercial district, the lot of record may be used for the office of a physician, lawyer, engineer, architect, real estate broker, insurance agent or similar business; provided that a floor area of not more than 1,800 square feet in a building may be so used; provided further that such office building shall leave side and rear yards as provided for the district in which it is located; and provided further that such office use shall be accompanied by off-street automobile parking as required in section 126-48. The yard requirements of this section, however, shall not prevent a building existing on a lot of record at the time of adoption of the ordinance from which this chapter derives from being used for such an office.
(Code 1961, § 19-21)
The minimum lot size requirements of section 126-46 notwithstanding, a single-family dwelling and its accessory buildings may be erected on any lot of record or parcel of land in a residence B business, P planned commercial, or C commercial district which became legally established and defined by deed or act of sale before the adoption of the ordinance from which this chapter derives, provided the side yard of no dwelling shall be less than three feet.
(Code 1961, § 19-22)
(a)
Where the dedicated street right-of-way is less than 50 feet, the depth of the front yard shall be measured from a point 25 feet from the centerline of the street to the front building line.
(b)
Other front yard requirements notwithstanding, the front of no building need be set back more than the average setbacks of the buildings within 100 feet on either side.
(c)
Steps or stoops not exceeding 24 square feet in area, eaves, cornices, belt courses, window sills and unenclosed and uncovered porches may project into any required yard provided such construction does not project nearer than two feet to lot lines. Where adjacent to a garage (not a living area) on an adjacent lot, unenclosed carports may project into a side or rear yard provided such construction does not project nearer than five feet to the lot line in an R-2 district nor three feet in other districts; and nonliving area utility sheds not in excess of 120 square feet may be constructed at the rear of such carports.
(d)
On lots occupied by dwellings, not more than 40 percent of the rear yard of the main building may be occupied by one-story buildings of accessory use and garage apartments where permitted.
(e)
In the R-4, R-5, B and C districts, multiple dwellings shall provide side and rear yards which are equal to not less than half the height of the building.
(f)
On corner lots in R-2 districts, there shall be a street side yard of 12 feet; and in R-3 and R-4 districts, a street side yard of eight feet.
(Code 1961, § 19-23)
In the case of a housing project consisting of a group of two or more buildings to be constructed on a plot of ground of at least three acres not subdivided into the customary streets and lots which will not be so subdivided or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this chapter to the individual buildings in such housing projects, the application of such requirements to such housing project shall be made by the city council in a manner that will be in harmony with the character of the neighborhood and will ensure a density of land use no higher than a standard of open space at least as high as required by this chapter in the district in which the proposed project is to be located. In no case shall the city council authorize a project without prior approval of the planning commission and a use prohibited in the district in which the housing project is to be located.
(Code 1961, § 19-24)