Except as hereinafter provided, no building, structure or land shall hereafter be used and building or part thereof or structure shall be erected, constructed, reconstructed, occupied, moved, altered or repaired, except in conformity with the regulations herein specified for the class of district in which it is located.

(Code 1990, § 16-70; Ord. No. 93-1658, § 2(3.0), 4-19-1993)

Any building, structure or use lawfully existing at the time of enactment of the ordinance from which this article is derived may be continued, except certain nonconforming uses as provided in section 34-87. Nothing in this article shall prevent the strengthening or restoring to a safe condition any part of a building or structure declared unsafe by the building inspector.

(Code 1990, § 16-71; Ord. No. 93-1658, § 2(3.1), 4-19-1993)

Except as hereinafter provided under subsection (3) of this section:

(1)

Any nonconforming use building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or other act of God may be reconstructed and used as before if such reconstruction and use is completed within 12 months of such damage, unless damaged more than 50 percent of its fair market value, as determined by the board of appeals at the time of such damage, in which case any reconstruction or use after reconstruction shall be in accordance with the provisions of this article.

(2)

No building, structure or premises where a nonconforming use has been discontinued or abandoned for more than one year, or has been changed and utilized for a use permitted within the district in which the nonconforming use is located, shall again be devoted to a nonconforming use.

(3)

The foregoing provisions under subsections (1) and (2) of this section, insofar as these limit reconstruction or require certain uses to cease, or require buildings or structures to be removed or changed, shall not be applicable where any such building, structure or use would be conforming under the land use plan adopted and as defined in section 34-16.

(Code 1990, § 16-72; Ord. No. 93-1658, § 2(3.2), 4-19-1993; Ord. No. 2005-2144, § 2, 9-20-2005)

No lot created after the adoption of the ordinance from which this article is derived shall contain any building used as a dwelling unless it abuts as least 30 feet on a street or has a permanent exclusive nonobstructed easement of access not less than 30 feet wide to a street.

(Code 1990, § 16-73; Ord. No. 93-1658, § 2(3.3), 4-19-1993)

(a)

Existing lots of record.

(1)

In any district where dwellings are permitted, a one-family detached dwelling may be constructed on any lot of official record at the time of enactment of the ordinance from which this article is derived, provided that proposed yard spaces satisfy requirements stipulated for the district in which such lot is located, or requirements as may be modified by the board of appeals as set forth hereinafter under section 34-541.

(2)

In any R-2 or R-3 district, and on any lot of official record of less than 60-foot width improved with an existing dwelling as of July 1, 2012, accessory buildings may be constructed with less than the required minimum side yard setbacks, provided that the minimum side yard setbacks shall not be less than three feet.

(b)

Lots unserved by sewer and/or water. In any district, where neither water nor public sanitary sewer is accessible, the otherwise specified lot area and width requirements shall be a minimum of 20,000 square feet, and 100 feet; provided, however, that where a public water supply system is accessible and will be installed, these requirements shall be 10,000 square feet, and 75 feet respectively; provided further, that the city engineer has certified that such areas will be large enough to satisfy all applicable requirements concerning water supply and the disposal of sanitary wastes.

(Code 1990, § 16-74; Ord. No. 93-1658, § 2(3.4), 4-19-1993; Ord. No. 2012-2071, § 1, 8-21-2012)

(a)

No accessory building shall occupy more than 30 percent of a required rear yard. Accessory buildings shall be limited to 20 feet in height, and shall be distant at least six feet from all lot lines of adjoining lots which are in any R district and at least six feet from alley lines and ten feet from any other building or structure on the same lot.

(b)

An accessory building may be connected to the principal structure by a breezeway or similar structure if such accessory building is at least ten feet from the principal structure, provided all yard and court requirements of this chapter for a principal building are complied with.

(Code 1990, § 16-75; Ord. No. 93-1658, § 2(3.5), 4-19-1993; Ord. No. 2005-2125, § 1, 2-15-2005)

(a)

No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this article, and if already less than the minimum required it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

(b)

The space occupied by a required private garage or parking area shall be considered the same as any required open space provided about a principal building, and such space shall not be reduced or included as any part of any required open space for another building or structure.

(Code 1990, § 16-76; Ord. No. 93-1658, § 2(3.6), 4-19-1993)

The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increase number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this article, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the article apply to such district.

(Code 1990, § 16-77; Ord. No. 93-1658, § 2(3.7), 4-19-1993)

In any R-1, R-2, or R-3 district, a transitional use shall be permitted on a lot the side lot line of which adjoins, either directly or across an alley, any B or M district. The permitted transitional uses for any such lot in an R-1 district shall be any use permitted in the R-2 district; for any such lot in an R-2 district any use permitted in the R-3 district; and for any such lot in an R-3 district any use permitted in the R-4 district. In the case of any such lot in an R-1, R-2, or R-3 district, the requirement governing lot area per dwelling unit, off-street parking, yards and other open spaces shall be same as for the district respectively next listed in article II of this chapter. Any transitional use authorized under this section shall not extend more than 100 feet from the side lot line of the lot abutting on the zoning district boundary line.

(Code 1990, § 16-78; Ord. No. 93-1658, § 2(3.8), 4-19-1993)

A dwelling shall contain not less than 800 square feet of usable ground floor area, exclusive of open porches, garages or steps, provided, however, that such usable ground floor area shall be reduced to not less than 400 square feet for lots that are no greater than 55 feet in width.

(Code 1990, § 16-79; Ord. No. 93-1658, § 2(3.9), 4-19-1993; Ord. No. 2023-2616, § 2, 9-5-23)

In any R district on any corner lot, no fence, structure or planting shall be erected or maintained within 20 feet of the corner so as to interfere with traffic visibility across the corner.

(Code 1990, § 16-80; Ord. No. 93-1658, § 2(3.10), 4-19-1993)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the city, it being the intention hereof to exempt such essential services from the application of this article.

(Code 1990, § 16-81; Ord. No. 93-1658, § 2(3.11), 4-19-1993)

(a)

In any district, spaces for off-street parking and for loading or unloading shall be provided in accordance with the provisions of section 34-424. In any R district, no vehicle of any type shall be parked or stored in the front yard thereof for a period longer than:

(1)

24 consecutive hours; or

(2)

24 hours within any seven consecutive day period, unless the vehicle is parked on an area which conforms to the requirements of section 34-424(e).

(b)

A violation of this section shall be punishable as a Class C violation as provided in section 1-41.

(Code 1990, § 16-82; Ord. No. 93-1658, § 2(3.12), 4-19-1993; Ord. No. 2008-2302, § 1, 11-18-2008; Ord. No. 2010-2421, § 61, 10-5-2010)

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before the enactment of the ordinance from which this chapter is derived, the construction of which, conforming with such plans, shall have been started prior to the effective date of the ordinance from which this chapter is derived and completion thereof carried on in a normal matter within the subsequent six-month period, and not discontinued until completion, except for reasons beyond the builder's control.

(Code 1990, § 16-83; Ord. No. 93-1658, § 2(3.13), 4-19-1993)