The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of use, structure or land, and particularly, except as hereinafter provided:

(a)

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(b)

No building or other structure shall hereafter be erected or altered:

(1)

To exceed the height or bulk;

(2)

To accommodate or house a greater number of families;

(3)

To occupy a greater percentage of lot area;

(4)

To have narrower or smaller rear yards, front yards, side yards or other open space, than herein required; or in any other manner contrary to the provisions of this ordinance.

(c)

Except as otherwise expressly permitted herein, no part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(d)

No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein, except by taking for a public use. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

(e)

Narrowing setback lines.

(i)

All existing setback lines on individual lots, as mandated by zoning ordinance in effect as of the time of adoption of this ordinance, shall control and must be maintained irrespective of any change or proposed change in the orientation of a lot or lots, re-orientation of a house on a given lot, alteration or change in the street address orientation of a lot, change in the designation of the front or other lot lines, subdivision of a lot, or otherwise. The front, rear and side setback lines in effect for the individual lot prior to any such change or proposed change shall control and must be maintained.

(ii)

If two (2) or more lots are combined and then re-subdivided, there shall be no decrease in existing front, rear or side set-back lines. The setback lines in effect for the individual lots prior to the consolidation shall control and must be maintained.

(iii)

Notwithstanding the provisions of (i) and (ii) above, if the designation of the front of a lot changes to a different side of the lot, the newly-designated front must comply with the minimum front setback line for the zone in which the lot is located.

(iv)

No exceptions to this section will be permitted until and unless a variance is obtained from the board of zoning appeals. A variance may be granted only pursuant to the requirements of section 14-203 of this code.

(v)

Any request for variance pursuant to this subsection, must include a site plan for each adjoining lot including the building envelope with dimensions for each lot prior to any proposed change. All subdivision plats proposing a change, must also include a site plan for each adjoining lot including the building envelope with dimensions after the proposed change. Any submission must also include a narrative describing how each adjoining lot's building envelope will be different per the proposed change. (Ord. No. 12-16, Jan. 2013, as amended by Ord. No. O-19-09-02-90, Sept. 2019 Ch1_11-10-20)

DISTRICT REGULATIONS

Residential Districts