(a)

No building or land shall hereinafter be used or occupied and no building, or part thereof, shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located, and without first obtaining a building permit, except as hereinafter provided. In the enforcement of the provisions of this chapter, the administrative officer may withhold building or occupancy permits until all provisions of this resolution are complied with or his decision is appealed to the county planning commission.

(b)

An administrative officer, such as the county marshal, may with the knowing and voluntary consent of an occupant or owner, or pursuant to a warrant lawfully issued upon probable cause, enter at reasonable times any building, structure or premises in the county solely for the purpose of determining its compliance with the rules, regulations and limitations of this chapter.

(c)

Certain private power plants permitting in all districts. Private power plants that have a peak generating capacity of not more than 85 kW, whether for residential or commercial application, and whether used on-grid or off-grid, shall be permitted in all zoning districts and special zoning classifications.

(Ord. of 8-28-2007(1), § 111; Ord. of 11-27-2007)

Any structure or use of land existing at the time of the enactment or subsequent amendment of the ordinance from which this chapter is derived, but not in conformity with its use regulations and provisions, may be continued with the following limitations:

(1)

It shall not be changed to another nonconforming use.

(2)

It shall not be reestablished after discontinuance or abandonment for one year.

(3)

It shall not be extended, except in conformity with these regulations.

(4)

Nonresidential buildings shall not be rebuilt, altered or repaired after damage exceeding 75 percent of the fair sale value of the building immediately prior to damage.

(5)

It shall not be allowed to continue if it involves junk, salvage materials, inoperable vehicles, and the storage thereof unless enclosed or completely screened from passing publics view. Properties in violation of this section shall have a six month period from the date of the adoption of the ordinance from which this chapter is derived to come into compliance.

(Ord. of 8-28-2007(1), § 112)

The county planning commission may grant variances from the terms and provisions of this article under the following provisions:

(1)

No such variance shall change the zoning or use classification of such property.

(2)

No such variance shall permit a use of such property that is not otherwise permitted in its zoning classification.

(3)

Such variance shall not be contrary to the public interest or detrimental to the adjoining land owners or neighborhood, and shall not impair the purpose and intent of this chapter.

(4)

There must be extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography.

(5)

There must exist a practical difficulty or unnecessary hardship in the use and utilization of said property without such variance.

(6)

The circumstances of the hardship cannot be self-created by the applicant.

(7)

The provisions of section 56-261 must be followed as the same pertains to the public hearing and advertisement requirements thereof.

(8)

If a requested variance application is denied by the county planning commission, it will be forwarded to the county board of commissioners for reconsideration under the above stated provisions.

(Ord. of 8-28-2007(1), § 113; Ord. of 1-22-2008)

Only one principal building and its customary accessory buildings may hereafter be erected on any lot. In zones approved for individual mobile homes, the lot size and other lot specifications for mobile homes shall be the same as for other housing units in the zone.

(Ord. of 8-28-2007(1), § 114)

No lot shall be reduced in size so that lot width, yard requirements, lot area per dwelling unit, or other requirements of this resolution are not maintained.

(Ord. of 8-28-2007(1), § 115)

Off-street automobile parking or storage space shall be provided in every lot on which any of the following uses are hereafter established in all districts except commercial district, or provided that no parking space can be reasonably provided on the same lot, such space shall be provided on any lot a substantial portion of which is within 400 feet of such uses. The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use at the same time, except that one half of the parking space required for churches, theatres or assembly halls whose peak attendance will be at night or on Sundays, may be used to augment parking for adjacent day-use activities. Each automobile parking space shall not be less than 200 square feet in area exclusive of adequate access drives and maneuvering space. Maneuvering space shall be provided (except for single-family residents) to prevent any vehicle from backing into the street. Such space shall be provided with vehicular access to a street or alley; such use shall not thereafter be encroached upon or altered; and shall be equal in number to at least the minimum requirements for the specific use set forth below. When application of said provision results in fractional space requirement, the next largest requirement shall prevail.

(Ord. of 8-28-2007(1), § 116)

Every building and structure used for business, trade or industry hereafter erected shall provide space as indicated herein for the loading and unloading of vehicles off the street or public alley. Such space shall have access to an alley or if there is no alley, to a street. For the purpose of this section, off-street loading spaces shall have minimum dimensions of 12 feet by 40 feet and an overhead clearance of 14 feet in height above the alley or street grade.

(1)

Retail business. One space for each 3,000 square feet of floor area or fraction thereof.

(2)

Wholesale and industry. One space for each 10,000 square feet of floor space or fraction thereof.

(3)

Terminal facilities for trucks, buses, or railroads. One space for each bus or truck to be stored or loading or unloading at the terminal at any one time.

(Ord. of 8-28-2007(1), § 117)