Where the owner of a plot of land consisting of one or more adjacent lots of record at the time of enactment of this ordinance or his successor in title thereto does not own sufficient land to enable him to meet minimum lot size requirements of this ordinance, such plot of land may nevertheless be used as a building site. Yard and other space requirements for the district in which the lot is located must be met, unless a variance is granted in accordance with the provisions of article X, section 1005.3.

801.1.

Adjoining and Vacant Lots of Record.

If two or more adjoining and vacant lots with continuous frontage are in a single ownership at any time after the adoption of this ordinance and such lots individually are less than the lot width requirements for the zone in which they are located, such group of lots shall be considered as a single lot or several lots of minimum permitted size and the resulting lot or lots shall be subject to the dimensional requirements of this ordinance.

The setback requirements of this ordinance for proposed dwellings shall not apply to any lot where the average setback on developed lots, located wholly or in part within 100 feet of each side of such lot and within the same block, and zoning district fronting on the same street as such lot, is less than the minimum required setback. In such cases, the setback on such lots may be equal to the average of the existing setbacks on the adjoining developed lots.

The height limits of this ordinance shall not apply to church spires, belfries, monuments, transmission towers, water towers, flagpoles, derricks, chimneys, cooling towers, fire towers, and other structures not intended for human occupancy. These exceptions shall not apply in an airport flight zone.

In the case of group housing projects of two or more buildings to be constructed on a plot of ground having an area of not less than four acres, not subdivided into customary streets and lots, and which will not be subdivided, or where existing or contemplated street and lot layout make it impracticable to apply the requirements of this ordinance to the individual building units in such group housing projects, the application of the terms of this ordinance may be varied by the zoning board in a manner that will be in harmony with the character of the neighborhood, and will ensure substantially the same character of the neighborhood, and of occupancy and intensity of land use no higher and a standard of open space no lower than that permitted by this ordinance in the district in which the proposed project is to be located. However, in no case shall a use prohibited in the district in which the project is to be located or a smaller lot area per dwelling unit than the minimum required in such district be authorized.

A temporary or portable structure may be erected only in connection with the erection of a permanent building, street, utility or other structure. A permit for the erection of any temporary structure shall be obtained from the zoning enforcement officer after posting of sufficient bond to ensure removal of same within two weeks after issuance of the certificate of occupancy on the permanent structure. A temporary or portable structure may be used for a temporary construction office and for housing of tools, equipment and materials.

Subdivision sales offices may be erected only after approval by the zoning board, subject to such conditions as may be determined by the zoning board to be necessary to ensure termination of the use after a reasonable period by removal or conversion to a conforming use.

No trailers for dwelling, storage or business shall be parked in any district, except upon approval by the zoning board in connection with a permanent building or construction project. Such approval shall be for a period of time not to exceed one year, renewable for periods of six months, stating the use for which approved. Upon completion of the project the trailer shall be removed from the premises.

No building shall be moved into and placed within the city limits excepting such building conforming to the standards for new construction for dimensions, use and placement upon the lot, and requirements of this and other city ordinances.

Cross reference— Buildings and building regulations, ch. 14.

Emergency shelters are permitted as an accessory structure in any district, subject to the yard and lot coverage requirements of the district. Approved emergency shelters may be used, in addition to emergency shelter, for any principal or accessory use permitted in the district except for the habitation by persons other than the occupants of a principal dwelling. Structures or portions of shelters qualifying as approved emergency shelters shall meet the minimum requirements of the building code and standards issued by the office of civil defense mobilization.

When, after review of plans, it is established that an emergency shelter would not be permitted under the foregoing provisions owing to topographic conditions, the location and coverage upon the lot of existing structures, or other characteristics peculiar to the site; the zoning board may grant the following exceptions, subject to whatever conditions the zoning board may find desirable to control the appearance in relation to the street and effect on abutting properties:

806.1.

Underground or partially belowground shelters without restriction on side or rear yard location, lot coverage requirements, or spacing in relation to the principal structure or other accessory buildings.

806.2.

An aboveground approved shelter located anywhere in a side or rear yard, provided an underground-type shelter is not feasible.

806.3.

When no other reasonable alternative is possible, an aboveground approved shelter may be permitted in the front yard. Whenever it is considered feasible and desirable, the zoning board may require such shelters to be attached and constructed to a height conforming to the principal building.

When after review of plans and public hearing, the zoning board finds it feasible, the construction of a common, approved, shelter by two or more property owners across two or more property lines may be permitted. All side and rear yard requirements may be waived except where an abutting property is not included in the joint proposal. The zoning board shall require the execution of an agreement between all property owners involved concerning rights and obligations of taxation, access and maintenance.

The zoning board may, after review of plans and public hearings, permit a community owner [owned] approved shelter or one owned by several parties to be permitted as a principal use in any district.