Prosperity City Zoning Code
GENERAL REGULATIONS
§ 153.035 APPLICATION OF REGULATIONS.
(A) Within each district, the regulations set forth by this chapter shall apply uniformly to each class or kind of structure or land.
(B) In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards shall govern. Unless deed restrictions, covenants, or other contracts directly involve the town as a party in interest, the town shall have no administrative responsibility for enforcing such deed restrictions or covenants.
(C) No building, structure, or land shall hereafter be used or occupied, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with the regulations specified in this chapter for the district in which it is located.
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§ 153.036 STREET ACCESS REQUIRED.
Except as otherwise specifically provided, no building shall be located, used or occupied on a lot without direct vehicular and pedestrian access to a public street.
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§ 153.037 STRUCTURES REQUIRED TO BE ON LOTS OF RECORD.
Any new structure erected after the effective date of this chapter shall be on a lot of record.
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§ 153.038 REDUCTION OF LOT AREA PROHIBITED.
No yard or lot existing on the effective date of this chapter shall be reduced in dimension or area below the applicable district minimum requirements. New lots or yards shall meet the applicable district minimum requirements.
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§ 153.039 ANNEXATION.
The zoning district shall be designated for property annexed by ordinance as follows:
(A) Town Council, after receiving a recommendation from the Planning Commission, shall specify an interim zoning district classification or classifications in the annexation ordinance. Such classification or classifications shall become effective upon the effective date of the annexation and permits for permitted uses may be issued.
(B) If the zoning district classification recommended by the planning commission for the annexed area is different in character and standards from the existing county zoning district of the area,
the planning commission report shall contain the reasons for the recommendation, and Town Council shall hold a public hearing on the proposed annexation and proposed interim zoning of the property to be annexed.
(C) Notice of public hearing shall be published in the same manner as required for rezoning.
(D) Immediately after the effective date of the annexation, the Zoning Administrator shall initiate zoning amendment procedures to confirm or establish the appropriate zoning classification for the annexed area.
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§ 153.040 NON-CONFORMING STRUCTURES OR USES.
Non-conforming structures or land uses are declared to be incompatible with permitted uses in the districts established by this chapter. It is the intent of this chapter to allow nonconformities to continue until they are removed, but not to encourage their survival. The lawful use of any structure or land on the effective date of this chapter may be continued subject to the following regulations:
(A) A non-conforming use, structure, or characteristic of use shall not be changed to any other non-conforming use, structure, or characteristic of use unless the Zoning Board of Appeals finds that the new use, structure, or activity is more in character with the uses permitted in the district, in which case the Zoning Board of Appeals may require appropriate conditions and safeguards in accord with the purpose of this chapter.
(B) The minimum yard requirements of this chapter shall not be construed as prohibiting the conversion of an existing building which does not meet the minimum yard requirements to another permitted use, so long as no further encroachment is made into the exiting yards.
(C) A nonconforming structure shall not be demolished and rebuilt as a non-conforming structure.
(D) A nonconforming use, structure, or characteristic of use shall not be extended, enlarged, or intensified except in conformity with this chapter, provided however, that any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(E) A non-conforming use, or characteristic of use, shall not be reestablished after vacancy, abandonment, or discontinuance for any period of 6 consecutive months, except where division (F) applies.
(F) A non-conforming structure shall not be rebuilt, altered, or repaired except in conformity with this chapter after sustaining damage or necessitating repair exceeding 50% of the replacement cost of the structure at the time of damage or wear, provided that any permitted reconstruction shall begin within 6 months from the time of damage or notice of wear and shall be completed within 12 months after the issuance of a building permit.
(G) On any building devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
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§ 153.041 NON-CONFORMING LOTS OF RECORD.
(A) Single lots. In any district in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single family dwelling and customary accessory buildings may be erected on any single lot of record on the effective date of this chapter, provided that setback requirements of the district are met.
(B) Adjoining lots. If 2 or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption or amendment of this chapter and such lots individually are too small to meet the yard, width, or area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one ownership shall be subject to the requirements of this chapter.
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§ 153.042 TEMPORARY NON-CONFORMING USES.
A temporary use permit may be issued by the Zoning Administrator for an appropriate period of time not to exceed 12 month increments for non-conforming buildings, structures, or uses incidental to building construction or land development or deemed to be generally beneficial, provided that the owner of such temporary non-conforming use agrees to remove the temporary non-conforming use upon expiration of the permit.
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§ 153.043 STRUCTURES IN MINIMUM REQUIRED YARDS.
The general definition of YARDS as set forth in § 153.004 states that yards are unoccupied and unobstructed by a structure or portion of a structure
from 30 inches above the finished grade level of the ground upward. However, the general definition shall be construed subject to the following exceptions and interpretations:
(A) Those objects which are excluded from the definition of a STRUCTURE under § 153.004 above shall not be subject to regulation under interpretation of the definition of YARD.
(B) Steps and open porches (without roofs) shall be allowed in any required yard.
(C) Screening walls and fences over 30 inches in height that substantially impede vision may be permitted in a required yard as a special exception, however, screening walls and fences not over seven feet in height are permitted outright in side and rear yards.
(D) Eaves, cornices, gutters, and other minor architectural features projecting less than 18 inches from the main portion of a building shall be allowed to project into any yard.
(E) In GC, LI, and BI districts, structures and devices incidental to servicing, and roofs over such structures and devices are permitted within required front yards, provided that they do not constitute a substantial impediment to visibility across such yards which would contribute to the creation of traffic hazards, and further provided that servicing operations in connection therewith can be conducted so as not to interfere with public use of adjacent sidewalks or public streets.
(F) Retaining walls in excess of 30 inches in height may be permitted as a special exception in any yard; however, retaining walls that do not project more than 30 inches above the grade level at the property lines of adjoining lots are permitted outright.
(G) Signs are permitted to encroach upon required yards in certain instances as set forth in §§ 153.140et seq.
(H) Screening between commercial or industrial uses and lots zoned residentially, as required by this chapter.
(I) Apparatus needed for the operation of active and passive solar energy systems, including but not limited to overhangs, movable insulating walls and roofs, the attached solar collectors, reflectors, and piping.
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§ 153.044 ORIENTATION OF REQUIRED YARDS.
In interpretation of requirements related to establishment of required yards, the Zoning Administrator shall apply the following interpretation to the orientation of such yards:
(A) Through lots. In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the Zoning Administrator may waive the requirement for the normal front yard and substitute therefore a special yard requirement which shall not exceed the average of the yards existing on adjacent lots.
(B) Corner lots with 2 frontages. In the case of corner lots with 2 frontages, a front yard of the required depth shall be provided on the frontage of the street having the higher traffic volumes. Where the traffic volumes on both streets are approximately equal, the required depth shall be provided on the street frontage having the minimum lot width. A second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage.
(C) Corner lots with more than 2 frontages. In the case of corner lots with more than 2 frontages, the Zoning Administrator shall determine the front yard requirements, subject to the following limitations:
(1) At least 1 front yard shall be provided having full depth required generally in the district:
(2) No other front yard on such lot shall have less than half the full depth required generally.
(D) Appropriateness of orientation. Notwithstanding the above, the Zoning Administrator may determine that the most appropriate orientation for any required yard is different from the orientation as set forth above in such instances that it appears that such different orientation will further the intent of this chapter. When a structure is to be built which will contain more than one dwelling unit, the orientation of required yards shall be based upon both the orientation of the lot and the orientation of the structure. The Zoning Administrator may impose an orientation of yards different from the orientation set forth in this section and elsewhere in this chapter subject only to appeal of such decision to the Board of Appeals as an appeal from an administrative decision of the Zoning Administrator.
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§ 153.045 ERECTION OF STRUCTURES ONLY UPON LOTS OF RECORD.
Any new structure erected after the effective date of this chapter shall be erected only upon a lot of record.
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§ 153.046 LOT COVERAGE.
The area of the lot, which when viewed directly from above, would be covered by all principal accessory buildings and structures. A portion of the principal or accessory building, or any terrace, balcony, breeze way, porch or portion thereof, or any solar collection device or related apparatus, not included as floor area of the building, by definition shall not be included in computing lot coverage.
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§ 153.047 DETERMINATION OF SOLAR SKYSPACE EASEMENT.
The solar skyspace easement defined in § 153.004 may be computed by using the designated minimum yard requirement in each zoning district in coordination with the information on skyspace and shadow data in Appendix 1 of Protecting Polar Access for Residential Development, Department of Housing and Urban Development, 1979.
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