The intent and purpose of this article is to establish basic recommendations which apply to the interpretation and administration of this chapter and which apply to construction and/or use of land within all zoning districts.

(Code 1977, § 17.16.005; Ord. No. 06-04, 2006)

No application for any permit or certificate established and/or required by this chapter shall be granted or issued in a manner contrary to the provisions of this chapter or for the erection, construction, moving, alteration, demolition, or occupancy of any building or land contrary to the provision of this chapter.

(Code 1977, § 17.16.010; Ord. No. 06-04, 2006)

(a)

Transfer of space. No space allocated to a building for the purpose of complying with the yard, open space, or lot area requirements of this chapter shall thereafter, by reason of change in ownership of for any other reason, be used to satisfy the yard, open space, or lot area requirements of any other building or group of buildings unless in so doing all buildings or group of buildings involved have sufficient yard, open space, or lot areas remaining to satisfy this chapter.

(b)

Reduction of space. No usable open space, off-street loading space existing or provided hereafter for any building shall be reduced below the minimum requirements hereinafter set for such usable open space, parking space, or loading space, nor further reduced if already less than the minimum requirements.

(Code 1977, § 17.16.020; Ord. No. 06-04, 2006)

(a)

Combination of lots. When two or more lots or parcels of land, each of which lacks adequate area and dimensions to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be combined as one or more zoning lots of proper size.

(b)

Use of undersized lots. Any single lot of record or parcel of land not contiguous to others in the same ownership which was of record at the time of adoption of this chapter that does not meet the requirements for minimum lot width, depth, or area, may be utilized provided that the yards or usable open space are not less than 75 percent of the minimum required.

(c)

Multiple buildings on a lot. If more than one principle building, other than in a planned unit development, is built upon a single lot, each building shall satisfy the setback requirements of this chapter in the same manner and degree as if they were on two or more separate lots.

(Code 1977, § 17.16.030; Ord. No. 06-04, 2006)

Except as otherwise provided for in this chapter, every building shall be constructed or erected upon a lot, or parcel of land, which abuts upon a public street or permanent easement with a minimum width of 15 feet unless an easement of lesser width was of record prior to the adoption of the ordinance from which this chapter is derived.

(Code 1977, § 17.16.040; Ord. No. 06-04, 2006)

Nothing in this chapter shall be deemed to require any change in the plans, construction, or designated use of any building or structure upon which actual construction was lawfully begun prior to the adoption of the ordinance from which this chapter is derived and upon which building or structure actual construction has been diligently carried on and provided further that such building or structure shall be completed within one year from the date of adoption of the ordinance from which this chapter is derived. If such structure, when completed and occupied, is in conflict with any section of this chapter, it shall be classified as a nonconforming structure subject to the regulations of article VIII of this chapter.

(Code 1977, § 17.16.050; Ord. No. 06-04, 2006)

Editor's note— Ord. No. 21-09, § 2, adopted May 24, 2021, repealed § 62-67, which pertained to accessory buildings and derived from Code 1977, § 17.16.060; Ord. No. 06-04, adopted 2006.

For those uses requiring separation from nearby districts or uses, distances shall be calculated by following a straight line from each property line.

(Code 1977, § 17.16.070; Ord. No. 06-04, 2006)