A.    Lawful uses, buildings or structures, existing at the time of annexation or zone change, may be continued even though they do not conform with this title and will be considered legal, nonconforming. Such nonconforming uses, buildings or structures may be maintained and repaired as such in accord with all applicable codes and regulations. Any expansion of a nonconforming use, building or structure is limited to twenty-five percent of the original floor area, or cubical content of the building, or of the service capacity conducted all or partially in the open. A nonconforming use, building or structure may not be changed to another nonconforming use, building or structure. Except for a nonconforming residential use, building or structure, if a nonconforming use, building or structure is destroyed by any sudden cause to the extent of not more than sixty percent of either its bulk or value, it may be reconstructed. The provisions of this subsection are only available if the applicant applies for a building permit within twelve months after the sudden damage or destruction and construction is commenced and completed under that building permit. Provided the applicant shows good cause for the need for an extension, the city council may grant one six-month extension.

B.    In addition to the other provisions of this section, if the subject property contains a residential use, building, or structure that became nonconforming as to use as a result of the adoption of this title, the following regulations apply:

1.    If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection are only available if the applicant applies for a building permit within twelve months after the sudden damage or destruction and construction is commenced and completed under that building permit. Provided the applicant shows good cause for the need for an extension, the city council may grant one six-month extension. (Ord. 2818 § 1, 2013: Ord. 1917 § 1 (part), 1997).

No use, building or structure which has been made conforming may again be made nonconforming nor shall any nonconforming use, building or structure, which has ceased for six months, be again resumed. In all cases, the time frame commences upon notification by the administrator to the property owner. (Ord. 1917 § 1 (part), 1997).

Any incomplete, nonconforming use, building or structure which has a valid building permit, issued prior to annexation or a zone change, may proceed in accord with the regulations at the time of permit issuance. A certificate of occupancy must be issued within one year of the annexation or zone change or the permit will be void and the building or structure must be made conforming or be removed. The city council may grant six-month extensions. (Ord. 1917 § 1 (part), 1997).

In any R district, a detached single-family dwelling may be erected on any lot of official record on the effective date of this title or upon annexation. (Ord. 1917 § 1 (part), 1997).

In any district where public water or sanitary sewer is not accessible, the minimum lot area and yard requirements must be increased as required by the Benton-Franklin District Health Department. (Ord. 1917 § 1 (part), 1997).

No residential lot may be created which does not have at least forty-five feet of frontage upon a street dedicated to and maintained by the city. (Ord. 1917 § 1 (part), 1997).

In the case of irregular lots where setback requirements cannot be literally applied, the building official will establish yard areas to conform with the intent of this title. Except for fences, setback areas must be unobstructed by any building or structure. Setback lines are measured from property lines. Where no street exists, setbacks will be measured from proposed right-of-way lines of any city street plan. (Ord. 1917 § 1 (part), 1997).

The following architectural features may project no more than three feet into any setback area: cornices, canopies, cantilever roofs, caves, bay windows, balconies, and the like. Fire escapes may project no more than four and one-half feet if all projections are at least eight feet above ground level. (Ord. 1917 § 1 (part), 1997).

The following structures may exceed height limits permitted in the district in which located provided they do not occupy more than twenty-five percent of the area of the lot and are at least twenty-five feet in all parts from every lot line: church spires, belfries, cupolas and domes, monuments, water towers, observation towers, flagpoles, radio and television transmission and receiving towers; and outdoor theater screens, smokestacks, cooling towers, grain elevators, and other structures where the manufacturing process requires greater height. Radio towers of amateur radio operators must not overhang or extend over abutting property. The height of conditional uses will be as set out in the permit. (Ord. 1917 § 1 (part), 1997).

The maximum height of a structure on sloping lots will be measured vertically from ground level from that portion of the structure highest on the slope. (Ord. 1917 § 1 (part), 1997).