The regulations set forth herein for each zoning district shall apply uniformly to all lands and waters within the district and to each class or kind of structure, use, or occupancy permitted within the district.

(LDC 2008, § 22-23; Ord. No. 05-536, § 302.02A, 12-20-2005)

Each building, structure, or use erected or established shall be located upon a lot as herein defined and, except as may be herein specifically provided, there shall be no more than one principal building, structure or use upon any lot, except within a commercially zoned district.

(LDC 2008, § 22-24; Ord. No. 05-536, § 302.02B, 12-20-2005)

In the interpretation and application of the regulations set forth herein, they shall be held to be the minimum or maximum limitations, as the case may be, which are necessary to carry out the purpose of this chapter. It is not the intent of this chapter to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any easements, covenants, or other agreements between parties, or any other public law, ordinance, rule, regulation or permit; provided, however, that whenever the provisions and regulations of this chapter are more restrictive than those of said private agreements or public requirements, the provisions and regulations of this chapter shall govern.

(LDC 2008, § 22-25; Ord. No. 05-536, § 302.02C, 12-20-2005)

(a)

No building or structure shall hereafter be erected or altered in any manner contrary to the provisions of this chapter, unless otherwise provided in this chapter to:

(1)

Exceed height, bulk or floor area;

(2)

Provide a greater number of dwelling units or less lot area per dwelling unit;

(3)

Occupy a smaller lot;

(4)

Occupy a greater percentage of lot area;

(5)

Provide narrower or smaller yards, courts or other open spaces; or

(6)

Provide lesser separation between buildings or structures or portions of buildings or structures.

a.

In A-1, R-1, R-2 and R-MH zoning districts, the vertical distance measured from the average finished ground level at the sides of a building, to the level of the highest point of the coping in the case of flat roofs or to the ridge or top surface of a pitched or mansard roof shall be no more than 32 feet. For exclusions, see section 127-91 of this LDC.

b.

Where a building is required to be elevated to a base flood elevation level by the National Flood Insurance Program, the height limitation shall be measured from the base flood elevation to the highest point of the coping, in the case of flat roofs, or to the ridge of a pitched or mansard roof, and shall not exceed 32 feet in height. For exclusions, see section 127-91.

(7)

The top of each floor slab for residential structures shall be a minimum of 16 inches above the crown of the existing road pavement, unless the building inspector or official or the council's designee determines that a drainage problem will be created thereby, in which event the building inspector or official or the council's designee shall establish a proper elevation to avoid any such drainage problem after consultation and agreement with the city engineer. In instances where a street may not be paved, the same rules and regulations shall apply. Where a residence lies within a flood zone, the provisions of chapter 109 of this LDC shall govern the manner and method of construction.

(LDC 2008, § 22-26; Ord. No. 05-536, § 302.02D, 12-20-2005)

No part of a required yard or other required open space or required off-street parking or loading space provided in connection with one building, structure, or use shall be included as meeting the requirements for any other building, structure, or use, except where specific provision is made therefor in this chapter.

(LDC 2008, § 22-27; Ord. No. 05-536, § 302.02E, 12-20-2005)

No lot or yard existing on the effective date of the ordinance from which this chapter is derived shall thereafter be reduced in size, dimension, or area below the applicable minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation, purchase and the like. Lots or yards created after the effective date of the ordinance from which this chapter is derived shall be in conformance with the applicable minimum requirements established herein, unless otherwise provided in this chapter.

(LDC 2008, § 22-28; Ord. No. 05-536, § 302.02F, 12-20-2005)

(a)

Whenever lands may be annexed into the city, the city council shall take prompt and timely steps to apply the provisions of this chapter to said lands, utilizing all applicable procedures established by this chapter and by state law.

(b)

Prior to any official action on the annexation of property pursuant to petition therefor, the property owners shall make application with the planning and zoning board regarding the zoning of the land proposed to be annexed. The planning and zoning board shall have 30 days from the date of said application in which to review the application and to prepare its recommendation. The full application record, together with the zoning recommendation of the planning and zoning board, shall be forwarded to the city council. An ordinance of intent to annex, along with the proposed zoning, shall be advertised in a local newspaper once in each of two consecutive weeks within a 30-day period. The city council may amend, supplement, change or deny any recommendation made by the planning and zoning board at the public hearing held on the petition for annexation and the proposed zoning of the land, together with any other relief or incentives the city council may deem necessary, upon written request to the city council by the petitioner.

(c)

Upon the petition for annexation from any commercial or industrial property owner, the city council may, by formal resolution, approve a plan to postpone the application of any public service tax assessment on utilities and communication services of any new tenants or any contractual or long-term tenants of the petitioner for the duration of existing leases or any renewal thereof, but in no event longer than 20 years. A property owner of annexed lands may make application to the city council for a postponement of the advent of public service taxes at any time within the first six months after the effective date of annexation.

(LDC 2008, § 22-29; Ord. No. 05-536, § 302.02G, 12-20-2005)