The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a building customarily incidental and appropriate and subordinate to the principal use of land or buildings located upon the same premises. Accessory buildings include, but are not limited to, carports, storage buildings, temporary or portable buildings, detached garages, cabanas, gazebos, detached covered patios, and tornado shelters.

Accessory use means a use customarily incidental, appropriate, and subordinate to the principal use of land or buildings located upon the same premises.

Accessory structure means anything constructed or erected, the use of which requires permanent location on the ground, attachment to something having a permanent location on the ground, or, except as may otherwise be permitted under other provisions of The Village Code of Ordinances, any non-permanent structure remaining constructed or erected for a period greater than ten (10) days. Accessory structures shall not include any accessory building as defined herein which is subordinate to the principal use of the property upon which it is located. Accessory structures include, but are not limited to, wind generation towers or structures, alternative energy devices, radio or television transmission or reception towers, satellite reception antennas, swimming pools, flag poles, basketball goals, tents, gardening trellises, and retaining walls. (Ord. No. 670, §1, 08-02-2021)

Advertising sign or structure means any cloth, card, paper, metal, painted, glass, wooden, plastic, plaster, stone sign or other sign, device, or structure of any character whatsoever, including statuary, placed outdoors for advertising purposes on the ground or on any tree, wall, bush, rock, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross- section of such structure. Directional, warning, or other signs posted by public officials in the course of their public duties or merchandise or materials being offered for sale shall not be construed as being advertising signs.

Alley means a public passage or way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

Apartment house means a multiple-family dwelling.

Arcade means a covered passageway, which may be exposed on one side. A series of disconnected canopies or awnings is not an arcade.

Area regulations means the provisions of this chapter that establish for each zoning district the regulations pertaining to the frontage, street access, front yard, side yard, rear yard, open space, intensity of use, lot area, lot width, and height as well as regulations pertaining to accessory buildings and accessory structures.

Automobile means a self-propelled mechanical vehicle designed for the use on streets and highways for the conveyance of goods and people including but not limited to, passenger cars, trucks, busses, motor scooters and motorcycles.

Automobile service station means any area of land, including any structure thereon, that is used primarily for the sale of automotive fuels (except butane or propane), and which may include facilities for the sale of automotive accessories or fluids, foods and beverages and other goods, as well as facilities for lubricating, washing, cleaning, or otherwise servicing automobiles, but not including the painting thereof.

Automobile wash or laundry means a structure designed primarily for washing automobiles either manually or using production line methods with a chain conveyor, blower, steam cleaner, high-pressure spray, or other mechanical device.

Automobile wrecking or salvage yard means an area outside of a building where motor vehicles are disassembled, dismantled, junked, or wrecked, or where motor vehicles not in operable condition or used parts of motor vehicles are stored.

Awning means a cloth, plastic, or other nonstructural covering that project from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.

Awnings (above windows)

Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

Billboard means any cloth, card, paper, metal, painted, glass, wooden, plastic, plaster, stone sign or other sign, device, or structure of any character whatsoever, including statuary, placed outdoors for advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross- section of such structure. Neither directional, warning, or other signs posted by public officials in the course of their public duties nor merchandise or material being offered for sale shall be construed as advertising signs.

Building means any structure intended for shelter, housing or enclosure of persons, animals, or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate structure.

Building coverage means the percentage of the lot area covered by the building. The building area shall include all overhanging roofs.

Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

Building, main means a building in which is conducted the principal use of the lot on which it is situated. In any residential district any detached dwelling shall be deemed to be the main building on the lot on which it is situated.

Building mass means the tree-dimensional bulk of a building height, width, and depth.

Building site means a single parcel of land occupied or intended to be occupied by a building or structure.

Canopy means a roof structure constructed of rigid materials, attached to, and supported by a building, or which is freestanding and supported by columns, poles, or braces extended to the ground.

Carport means a permanent roofed structure permanently open on at least two (2) sides, designed for or occupied by private passenger vehicles.

Childcare center shall mean any day childcare, nursery, nursery school, foster home, or preschool or any place, home or institution located in any residential or commercial district, which meets the requirements provided for same in Chapter 11 of this code.

Church means a building or buildings used for the gathering of people for the study or worship of religious beliefs, and/or fellowship, and provided it has (1) direct and primary means of ingress and egress from Britton Road, Hefner Road, May Avenue, or Pennsylvania Avenue, and (2) has a minimum lot size of two (2) acres. A synagogue, mosque, or temple shall be considered a church.

Clinic, dental or medical means a facility for the examination and treatment of ill and afflicted human out-patients; provided, however, that patients are not kept overnight except under emergency conditions, including but not limited to dental and doctor's offices.

Concrete masonry unit, or CMU, means manufactured architectural concrete masonry, split face block, split scored block, fluted, block, ribbed masonry units and ground face masonry units. These units are manufactured under controlled conditions in a variety of colors and combinations.

Convalescent home, rest home, nursing home means a health facility where persons are housed and furnished with meals and continuing nursing care for compensation.

Corbel means a bracket supporting a superincumbent object or receiving the spring of an arch. A common form of corbel consists of courses of stones or T-1-11s, each projecting slightly beyond the next below it.

Corbel

Cornice means a decorative overhang or molding located at the junction where a roof overhangs exterior wall.

Cornice

Corporate Office Complex means a non-retail commercial office building or series of buildings designed in the same or similar design motifs housing the corporate headquarters of a private company and designed for at least 1,000 full-time employees. (Ord. No. 750. §1, 10-21-2019)

Court means an open unoccupied space, other than a yard on the same lot with a building or group of buildings and which is bordered on two (2) or more sides by such building or buildings.

Court, inner means a court other than an outer court. The length of an inner court is the minimum horizontal dimension measured parallel to its longest side. The width of an inner court is the minimum horizontal dimension measured at right angles to its length.

Court, outer means a court in full width of which opens onto a required yard, or street or alley. The width of an outer court is the minimum horizontal dimension measured in the same general direction as the yard, street, or alley upon which the court opens. The depth of an outer court is the minimum horizontal dimension measured at right angles to its width.

Detailing (architectural) means architectural or structural design elements that focus on decorative elements of a small section of a comprehensive building design.

District, zoning means any section of the city for which regulations governing use of buildings and premises or the height and area of buildings are uniform.

Drive-in restaurant means any establishment where food, frozen dessert and/or beverage is sold to the consumer and where motor vehicle parking space is provided and where such food, frozen dessert and/or beverage is intended to be consumed in the motor vehicle parked upon the premises or anywhere on the premises outside of the building.

Dry cleaning or laundry, self-service means any attended or unattended place, building or portion thereof, available to the general public for the purpose of washing, drying, extracting moisture from, or dry-cleaning wearing apparel, cloth, fabrics, and textiles of any kind by means of a mechanical appliance, which is operated primarily by the customer.

Dwelling means any building, or portion thereof, which is designed or used as living quarters for one (1) or more families, but not including house trailers, mobile homes, or travel trailers.

Dwelling, accessory means an accessory building detached from the main building on a lot on which it is situated, or an accessory use attached to the main building on the same premises, designed and constructed as an independent dwelling from the principal use of land or buildings located on the same premises. (2022 Code)

Dwelling attached means a dwelling having any portion of each of two (2) walls in common with adjoining dwellings.

Dwelling detached means a dwelling having open space on all sides.

Dwelling, multiple family means a dwelling designed for occupancy by three (3) or more families living independently of each other, exclusive of hotels or motels.

Dwelling, row house or townhouse means three (3) or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one (1) family.

Dwelling, single-family means an attached dwelling designed to be occupied by one (1) family.

Dwelling, two-family means a dwelling designed to be occupied by two (2) families living independently of each other.

Eave means a roof edge that extends out past the exterior wall line.

Eave

Façade means the sides of a building that face a street, drive, or other open space.

Façade, front means the front or principal face of a building, generally defined by the location of the majority of the public entrances into the building.

Family shall mean a number of persons in an immediate family who are either related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship and who are living together as a single housekeeping unit and share common living, sleeping, cooking, and eating facilities. For the purposes of this section immediate family means spouse, parents and grandparents, children and grandchildren, brothers and sisters, mother-in-law and father-in-law, brothers in law and sisters in law, daughters in law and sons in law.

Fascia means a vertical surface that spans across the top of columns or across the top of a wall.

Roll-formed metal fascia.

Fence means an accessory structure which constitutes a barrier that serves to enclose an area, and which may impede or partially impede a view, or impede or partially impede free movement from one property to another, or from one portion of a property to another, and which is constructed in conformance with specifications and restrictions provided for by this chapter and other applicable building codes. Code reference - Section 24-154(A)(g).

Fenestration means the arrangement and design of windows and doors in a building.

Floor area, gross means the sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two (2) buildings, and including but not limited to, the following spaces:

   1)   Basements;

   2)   Elevator shafts and stairwells at each floor;

   3)   Floor space for mechanical equipment with structural headroom of seven (7) feet or more;

   4)   Penthouses;

   5)   Attic space providing head room of seven (7) feet or more;

   6)   Interior balconies, mezzanines and enclosed porches and enclosed steps;

   7)   Accessory uses in enclosed covered space, but not including space used for off-street parking.

Floor area, net means the total floor area within a building devoted or intended to be devoted to a particular use, with structural headroom of seven (7) feet or more, whether above or below the finished lot grade, excluding:

   1)   Elevators, stairwells, hallways, walls, and partitions, and

   2)   Floor space permanently devoted to a parking space or parking spaces, mechanical equipment, closets, washrooms, or other items permanently preventing the floor space from being occupied by persons while engaged in the use.

Floor area ratio means a mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located.

Front building line means a line extending from side property line to side property line and being the minimum horizontal distance between the front property line and the front of the main building or any projections thereof other than steps, unenclosed balconies, or unenclosed porches.

Garage, private means any accessory building or a part of a main building used for storage purposes only for automobiles used solely by the occupants and their guests of the building to which it is accessory.

Garage, public means any garage other than a private garage, available to the public, used for the care or servicing of automobiles where such vehicles are parked or stored for remuneration, hire or sale.

Garage, repair means a building in which are provided facilities for the care, servicing, repair or equipping of automobiles.

Gross floor area means the sum of the gross horizontal area of all the floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline walls separating two (2) buildings, and including but not limited to the following spaces:

   1)   Basements;

   2)   Elevator shafts;

   3)   Floor space and stairwells at each floor for mechanical equipment with structural headroom of seven (7) feet;

   4)   Penthouses;

   5)   Attic space providing headroom of seven (7) feet or more;

   6)   Interior balconies, mezzanines and enclosed porches and enclosed steps;

   7)   Accessory uses in enclosed covered space, but not including space used for off-street parking.

Home association means an incorporated non-profit organization operating under recorded land agreements through which:

   1)   Each lot and/or homeowner in a planned unit or other described land area is automatically a member; and

   2)   Each lot is automatically subject to a charge for proportionate share of the expense for the organization's activities, such as maintaining of common property; and

   3)   The charge if unpaid becomes a lien against the property.

Home occupation means an occupation or profession conducted in a residential dwelling by the lawful occupants thereof and which occupation is carried out in conformance with all applicable codes and regulations provided for herein.

Home Sharing Accessory Use means lodging accommodations that are provided in a dwelling or room(s) in a dwelling for rent for a period not less than 2 and not to exceed more than 30 consecutive days per renter/guest, and where the dwelling is the primary residence of the host.

Home Sharing Principal Use means lodging accommodations that are provided in a dwelling or room(s) in a dwelling for rent for a period not less than 2 and not to exceed more than 30 consecutive days per renter/guest, and where the dwelling is not the primary residence of the host.

Hospital means an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices, which are an integral part of the facilities.

Kennel means any lot or premises on which four (4) or more dogs or cats, more than six (6) months of age are kept.

Lot means any plat of land occupied or intended to be occupied by one building, or a group of buildings, and the permitted accessory buildings, accessory structures, and accessory uses, including such open spaces as required by laws or ordinance, and having its principal frontage on a street.

Lot area means the total horizontal area included within lot lines.

Lot, corner means a lot of which at least two (2) adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five (135) degrees.

Lot, depth means an average distance from the street line of the lot to its rear line, measured in the general direction of the sidelines of the lot.

Lot, double frontage means a lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

Lot, frontage means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

Lot, interior means a lot other than a corner lot. Lot lines means the lines bounding a lot.

Lot split means to divide a legally platted lot into one or more lots.

Masonry means construction composed of small units of bricks or blocks made from stone, clay, concrete, tile, and similar materials, and stone and cement-based products that match the appearance of natural stone. Masonry units are usually joined by cement mortar mixture. Masonry does not include Exterior Insulation Finishing System (EIFS), tilt-up/precast concrete panels, or fiber-cement siding, but does include cement stucco.

Mixed use means the lawful use of land in which said land is used for more than one purpose or occupancy and where all such uses are permitted in the district in which the land is located.

Mobile home means a portable or mobile living unit used or designed for human occupancy on a permanent basis.

Mullion means a structural element that divides adjacent window units or panes.

Nonconformance means a lawful condition of a structure or land, which does not conform to the use, area, or other regulations of the district in which it is situated. This may include, but is not limited to, failure to conform to use, height, area, coverage, or off-street parking requirements.

Nonconforming building means a lawful condition of a structure which does not conform to the area, height, off-street parking, or other regulations of the district in which it is situated.

Nonconforming use means a structure or land lawfully occupied by a use, which is not, a use authorized by the district regulations in which is it situated.

Parapet means a lot wall or railing built along the edge or roof or a floor.

Parapet wall topped by decorative brickwork and coping

Parking space means a permanently surfaced area, enclosed or unenclosed, of sufficient size to store one (1) automobile together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress or egress of an automobile.

Pilaster means a square column, partly built into, but partly projecting from a wall.

Pilasters

Planned unit development means a development planned in accordance with the provisions of Article III, Division 4 of this chapter and includes cluster housing, planned residential and nonresidential development, community unit plan, and other zoning requirements which are designed to accomplish the objectives of a comprehensive plan and the zoning code provided herein through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area.

Plat means a survey made on behalf of any person intending to lay out an addition or subdivision to the city which describes and sets forth all streets, alleys, easements, common or public grounds, all lots and blocks, and fractional lots within or adjoining the land being platted and which gives their names, widths, courses, boundaries, and extent.

Portico means a colonnade or covered ambulatory at the entrance to a building.

Portico

Residential sale means any sale of what is held out to be or is commonly known as a garage, porch, room, backyard or patio sale or any other type of general sale conducted from or on any premises not located in a zoning district which permits such sales, where goods or articles of any type are held out for sale to the public. "Residential sale" shall not include a situation where specific items are held out for sale and all advertisement of such sale specifically names the items to be sold.

Retail business means a business where goods or commodities are offered for sale to the ultimate consumer of such goods or commodities. For the purpose of this chapter, restaurants, automobile dealerships, and automotive repair shops, shall not be considered retail businesses.

Restaurant. Any place kept, used, maintained, or held out for the public where meals or food is prepared, cooked, and served either on or off the premises thereby emitting smoke, grease, odor, or vapors outside the premises and requiring an appropriate ventilation device or system due to the use of grills, stoves, ovens, broilers, fryers, or other similar types of equipment. Restaurant as herein defined shall not be deemed to be a retail use as herein provided for.

Reveal means the side of an opening for a window, doorway, or the like, between the door frame or window frame and the outer surface of the wall, or where the opening is not filled with a door.

Sanatorium means an institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.

Seasonal sale means the sale, of merchandise such as, but not limited to, Christmas Trees, pumpkins, and poinsettias by a charitable or nonprofit organization for a limited period of time.

Setback means the minimum required yard depth measured from the lot line to the main building.

Single-family dwelling means a dwelling where only one (1) family as defined herein may lawfully reside provided that a maximum of four (4) persons who are not members of a family as defined herein shall be permitted to reside in any single- family dwelling and provided further that in no instance shall there be more than one (1) occupant per two hundred (200) square feet of living area in any single-family dwelling.

Reference - International Fire Code)

Site development plan means a plan drawn at a scale of not less than fifty (50) feet equals one (1) inch which shows the topographic characteristics of the site at a contour interval of not less than one (1) foot; the location and dimensions of buildings, yards, courts, landscape, pedestrian and vehicular circulation and parking, fences and screening; service areas and courts and other features; the use of each building and area; the height of buildings; adjacent streets, alleys, utility drainage and other easements; and the relationship of the development to adjacent areas which it may affect.

Special exception means the approval of a specific use of property that is not specifically authorized in the zoning district where such property is located, and which is granted by the board of adjustment.

Specific Use means a use that is specifically listed as an authorized use within a zoning district, and which may be authorized only through approval of a specific use permit. Any reference in this chapter to "special use" shall be construed to mean "specific use."

Specific Use Permit means a permit for a use approved by the City Council pursuant to Section 24-25 and Section 24-26 of this chapter, and after notice and a hearing and preliminary review and recommendation of the Planning & Zoning Commission. Any reference in this chapter to "special use permit" shall be construed to mean "specific use permit."

Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.

Story, half means a space under a sloping roof, which has the line of intersections of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than two-thirds of floor area is finished off for use. A half- story containing independent apartment or living quarters shall be counted as a full story.

Street means any public or private thoroughfare, which affords the principal means of access to abutting property.

Street, intersecting means any street, which joins another street at an angle, whether or not it crosses the other.

Structural alterations mean any change in the supporting members of building, such as bearing walls or partitions, columns, beams, girders, or any substantial change in the roof or in the exterior walls.

Structure means anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.

Trailer, hauling means a vehicle to be pulled behind an automobile or truck, which is designed for hauling animals, produce, goods or commodities, including boats.

Trailer, travel, or camping means a portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants, and not constituting the principal place of residence of the occupants and containing less than one hundred seventy-five (175) square feet of floor area.

Unit means any building or portion thereof, which is designed or used as living quarters for one family.

Variance means the waiving or altering of a specific zoning district area regulation, and which is granted by the board of adjustment.

Yard means an open space at grade between a main building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided in this chapter. In measuring for the purpose of determining the width of the side yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used. In measuring for the purpose of determining the depth of a front yard, the depth shall vary depending on the distance between the front property line and the main building or any projection thereof, other than steps, unenclosed balconies, or unenclosed porches.

Yard, front means a yard located in front of the front elevation of a main building and extending across a lot between the side yard lines and being the horizontal distance between the front property line and the main building or any projection thereof, other than steps, unenclosed balconies, or unenclosed porches.

Yard, rear means a yard extending across the rear of a lot measured between the side yard lines and being the horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies, or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

Yard, side means a yard between the main building and sideline of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps, unenclosed balconies, or unenclosed porches.

(Code 1976, Title 12, Article 8; Ord. No. 288, §1, 4-21-81; Ord. No. 380, §1, 4-21-87; Ord. No. 418, §1, 3-21-89; Ord. No. 465, §3, 1-23-92; Ord. No. 461, §§1,2, 11-5-91; Ord. No. 497, §§1,2, 3-1-94; Ord. No. 463, §1, 12-3-91; Ord. No. 505 §2, 9-20-94; Ord. No. 596 §1, 10-19-04; Ord. No. 740 §1, 10-15-2018)

   In interpreting and applying the provisions of this chapter, they shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not intended by this chapter to interfere with, abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, pursuant to law relating to the use of buildings of premises, and likewise not in conflict with this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenants, restrictions or other agreements between parties; except that if this chapter imposes a greater restriction, this chapter shall control.

(Code 1976, §12-9-2)

   Whenever the provisions of a statute, ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories or require a greater percentage of lot to be left unoccupied, or impose higher standards than any other applicable statute, ordinance, or regulation, then the provisions of the statute, ordinance or regulation which impose higher standards or greater restrictions shall govern.

   Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a building or premises in violation of this chapter except as expressly provided for herein.

(Code 1976, §12-7-7; Ord. No. 596, §2, 10-19-2004)

   If any building, structure or land is in violation of any municipal ordinance or other regulation, the building inspector or other person designated by the city, or any other person affected thereby, in addition to other remedies, may institute appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land, to prevent any illegal act, conduct, or business or use in or about the premises.

(Code 1976, §§12-2-2, 12-9-3)

   It is intended that the requirements in Chapter 6 of this Code shall govern the construction of all main buildings, accessory buildings, structures, and accessory structures.

(Ord. No. 333, §6, 10-18-83; Ord. No. 505, §2, 9-20-94)

   This chapter shall be enforced by a building inspector appointed by the city manager. The building inspector may issue citations for violations of the provisions of this chapter.

(Code 1976, §§12-2-1, 12-5-2; Ord. No. 283, §1, 8-5-80)

(a)   Regulations contained in this chapter shall be designed to accomplish any of the following objectives:

(1)   To lessen congestion in the streets;

(2)   To secure safety from fire, panic, and other dangers;

(3)   To promote health and the general welfare;

(4)   To provide adequate light and air;

(5)   To prevent the overcrowding of land;

(6)   To promote historical preservation;

(7)   To avoid undue concentration of population; or

(8)   To facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.

(9)   To eliminate and prevent the development or spread of blight, to encourage needed rehabilitation, and to provide for the redevelopment of blighted areas in accordance with priorities and areas designated from time to time. (Ord. No. 622, §1, 10-31-2006)

(b)   The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality. The city council shall provide the manner in which regulations, restrictions and district boundaries shall be determined, established, and enforced, and amended, supplemented, or changed.

   Any person who violates any provision of this chapter shall be guilty of a Class B offense and shall be subject to a fine not to exceed two hundred ($200.00) dollars. Each day the violation continues shall be considered a separate offense.

There is hereby created a planning and zoning commission.

(Code 1976, § 12-1-1)

   (a)   The planning and zoning commission shall consist of seven (7) members appointed by the city council, all of which shall reside in the city.

   (b)   The members shall be nominated by the mayor and confirmed by the city council.

   (c)   Each member shall serve for a term of three (3) years without compensation.

   (d)   When the commission is first appointed, the terms of three (3) of the members shall be for three (3) years, two (2) for two (2) years, and two (2) for one (1) year.

   (e)   Appointments to fill vacancies shall be for the un-expired terms only.

   (f)   The commission shall elect a chairman from its membership.

   (g)   Any commission member who is absent for three (3) consecutive meetings or more than half the meetings in any calendar year, shall automatically cease to be a commission member.

(Code 1976, §§ 12-1-1, 12-1-2)

(Ord. No. 383, §1, 5-19-87; Ord. No. 505, §2, 9-20-94; Ord. No. 681, §1, 03-05-2013).

   (a)   Four (4) members of the planning and zoning commission shall constitute a quorum for the transaction of business, provided, however, that no action shall be taken as binding upon the commission unless concurred in by not less than a majority of all the members present. All actions of the commission shall be reported to the council.

   (b)   The planning and zoning commission shall be subject to the open meeting laws of this state and all meetings, deliberations and voting of the commission shall be open to the public.

   (c)   The commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, which shall be immediately filed in the office of the city clerk and shall be a public record.

(Code 1976, § 12-1-5; Ord. No. 505, §2, 9-20-94)

   (a)   The planning and zoning commission shall prepare from time-to-time plans for the betterment of the city as a place of residence or for business. It may consider and investigate any subject matter tending to the development and betterment of the city and make recommendations as it may deem advisable concerning the adoption thereof, to any department of the city, and for any purpose make or cause to be made surveys, maps, or plans. The commission shall have the power and authority to employ engineers, attorneys, clerks and secretary or any other help deemed necessary, subject to the approval of the city council. The necessary expenses incurred by the commission shall be approved and paid out of the city treasury as other legal expenses of the city, but in no event may the planning and zoning commission be authorized to create a deficiency.

   (b)   The planning and zoning commission shall cooperate with the zoning and planning commissions for the City of Nichols Hills and the City of Oklahoma City in connection with the planning for areas adjacent to and beyond the corporate limits of this city.

   (c)   Before final action is taken by the city or any department thereof on the location and design of the any public building, statue, memorial, park, parkway, boulevard, street, alley, playground, alley, or grade thereof, the question shall first be submitted to the planning and zoning commission for review and report.

   (d)   All plans, plats, or replats of land laid out in lots or blocks and the streets, alleys, or other portions of the same intended to be dedicated to the public or for private use within the corporate limits of the city, shall first be submitted to the planning and zoning commission for its approval or rejection. Before such plans, plats or replats shall be entitled to be recorded in the office of the county clerk they shall be approved by the city council. It shall be unlawful to offer and cause to be recorded any such plan, plat, or replat in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the city council. Any plat filed without the endorsed approval of the city council shall not import notice nor impose any obligation or duties on the city. The disapproval of any such plan, plat, or replat by the city council shall be deemed a refusal of the proposed dedication thereon.

   (e)   The planning and zoning commission may exercise jurisdiction over subdivision of land and adopt regulations governing the subdivision of land within its jurisdiction. Any regulations, before they become effective, shall be approved by the city council, and shall be published as provided by law or ordinances. Such regulations may include provision as to the extent to which street and other ways shall be graded and improved and to which water, sewer, and other utility mains, piping, or other facilities shall be installed as a condition precedent to the approval of the plat. The regulations may provide for a tentative approval of the plat before such installation. Any such tentative approval shall be revocable for failure to comply with commitments upon which the tentative approval was based and shall not be entered on the plat. In lieu of the completion of any improvements or utilities prior to the final approval of the plat, the commission may accept an adequate bond with surety, satisfactory to the commission, to secure for the city the actual construction and installation of the improvements or utilities at a time and according to specifications fixed by or in accordance with the regulations of the commission, and further conditioned that the developer will pay for all material and labor relating to the construction of the improvements. The city may enforce said bond by all appropriate legal and equitable remedies. Nothing in this section shall be construed as granting the city or planning and zoning commission the power to direct any public utility to extend its services to any particular area.

   (f)   Whenever one (1) or more main buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation, or other site planning variation from that of other buildings, structures, or uses in the area or on adjacent properties, the architectural design, location, orientation, service, and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent or other properties in the area, as determined by the city council after receiving a report and recommendation from the planning and zoning commission.

   (g)   All plans for the new construction of or addition to any building, classified by the International Building Code for use or occupancy as assembly, business, educational, institutional, mercantile, or any combination thereof, shall be submitted to the planning and zoning commission for review and recommendation, except as otherwise provided by Section 6-163 of this Code. All such recommendations must be submitted to the city council for final approval.

(Code 1976, §§12-1-2, 12-1-3, 12-1-4, 12-1-6, 12-6-2; Ord. No. 505, §2, 9-20-94) State law reference--planning and zoning commission generally, 11 O.S. § 45-103, 45-104)

   1.   As used in this chapter "specific use permit' means a permit granted by the City Council, after notice and a hearing and preliminary review and recommendation of the Planning & Zoning Commission, for a specific use within any zoning district.

   2.   Each zoning district in which specific use permits are permitted contains a list of uses, which have been determined to more intensely dominate the area in which they are to be located or their effects on the general public are broader in scope than other types of uses, which are permitted in the zoning district. A property owner with a use enumerated on the list may, by application for a specific use permit, locate in a zoning district for which such use would not normally be allowed or could be allowed, but due to its potential impact on surrounding properties, must secure a specific use permit.

   3.   The types of uses for which a specific use permit may be required are those types of uses which, because of the size of the land they require or the specialized nature of the use, may more intensely dominate the area in which they are located and their effects on the general public are broader in scope than other uses permitted in the district.

   4.   The designation of a specific use as possible on the specific use list shall not constitute an authorization or an assurance that such use will be permitted. Rather, each specific use permit application shall be viewed as to its probable effect on the adjacent properties and community welfare and may be approved or denied as the findings indicate appropriate.

   5.   In granting a specific use permit, the City Council may require conditions related to the use of land, including, but not limited to, permitted uses, lot sizes, setback, height limits, required facilities, buffers, open space areas, lighting, signage, landscaping, parking and loading, compatibility, land use density and such other development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole. This may include having the property platted and/or the requirement of the dedication of sufficient right-of-way or easement as necessary to further the public good. Such conditions shall be determined in accordance with the regulations specified in the zoning ordinance. The conditions need not be uniform with regard to each type of land use if equitable procedures recognizing due process principles and avoiding arbitrary decisions have been followed in making regulatory decisions.

(Ord. No. 596, §3, 10-19-2004).

   1.   The owner of any property within the corporate limits of the City, or a representative of such owner, may make application for a specific use permit for property in a zoning district where specific use permits have been authorized. The application shall be made on forms provided by the zoning administrator and shall be accompanied by an application fee established by resolution of the City Council. The applicant shall be required to submit a preliminary site plan and a certified list of property owners within three hundred feet of the subject property as listed on the current property tax rolls.

   2.   As used in this section, "site plan" means the documents and plans specified in the application form, which are needed to ensure that a proposed land use or activity is in compliance with city ordinances and applicable state and federal regulations, if any.

   3.   The zoning administrator shall review the application for eligibility and completeness. Upon making a determination that all required information has been provided and that the application is eligible for further consideration, the zoning administrator shall schedule the application for public hearing before the Planning & Zoning Commission. Said hearing shall be held within sixty (60) days of receipt of the completed application. An incomplete application, or any application for a specific use which is not specifically enumerated for the subject zoning district, or which is not consistent with applicable city ordinance, state law, or federal law may be denied by the zoning administrator.

   4.   Notification of the public hearing shall be given by mail in the same manner as required by Section 43-106 of Title 11 of the Oklahoma Statutes for public hearings on proposed zoning changes. Within a reasonable time following the public hearing, the City Council may deny the request, approve the request, or approve the request with conditions.

   5.   Reasonable conditions may be required in conjunction with the approval of a specific use permit. Conditions imposed shall meet the following requirements:

   a.   Be designed to take into consideration the natural environment, the health, safety, and welfare of the residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;

   b.   Be related to the valid exercise of police power, and to the proposed use or activity;

   c.   Be necessary to meet the intent and purpose of zoning requirements;

   d.   Be related to the standards established for the land use or activity under consideration; and

   e.   Be necessary to ensure compliance with those standards.

   6.   The conditions imposed with respect to the approval of a specific use permit shall be stated in the record of the approval actions and shall not be changed or amended except as expressly authorized by resolution of the City Council, with notice. The City Clerk shall maintain a record of conditions, which are changed.

   7.   A specific use permit shall become void if the use ceases for sixty (60) consecutive days or if the use does not commence within six (6) months after the granting of the specific use permit.

   8.   A specific use permit shall not be transferred to a new property owner without the approval of the City Council.

   9.   Requests for specific use permits or other rezoning requests that have been denied by the City Council will not be again scheduled for a hearing within six (6) months of the date of such decision. A new application must be filed, and hearing before the Planning & Zoning Commission and City Council, if required, will not be granted unless the applicant can show material change in the situation or where new evidence, which might affect the decision, can be produced. Motions for rehearing will not be entertained. A request that is withdrawn prior to a decision thereon by the city council shall not be re-filed or heard within six (6) months of the date of such withdrawal.

(Code 1976, §12-1-17; Ord. No. 596, §3, 10-19-2004)

   (a)   The division of any lot that is recorded as part of an official plat in the city into two or more lots shall first be submitted to the planning and zoning commission for review and report.

   (b)   No lot shall be split unless all of the individual lots resulting from the split meet all of the requirements of this chapter in addition to all applicable subdivision regulations of the city.

   (c)   A lot split shall be required in the following instances:

   (1)   Whenever a legally platted lot under single ownership is to be divided for the purpose of the sale of a portion of the legally platted lot to another owner;

   (2)   Whenever two (2) or more main buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation, or other site planning variation from that of other buildings, structures, or uses in the area or on adjacent properties and where the division of the property into separate lots is deemed necessary by the building inspector to determine the open space, lot area, frontage, or off-street parking area required for any use, main building, accessory building, or accessory use thereto.

   (d)   Final approval for any lot split shall be by the city council.

   (e)   All approved lot splits shall be filed and recorded in the office of the County Registrar of Deeds by the applicant.

   There is hereby created a board of adjustment.

(Code 1976, §12-3-1)

   (a)   The board of adjustment shall be composed of five (5) citizens of the city, appointed by the city council for a term of three (3) years, and removable for cause by the council, upon written charges and after public hearing.

   (b)   The board shall elect a chairman from its membership.

   (c)   If any board member is absent without cause as determined by the city council for three (3) consecutive meetings, he shall after notice, thereon cease to be a board member.

   (d)   Vacancies shall be filled for the un-expired term of any member whose term becomes vacant.

(Code 1976, §12-3-2)

   (a)   The board of adjustment shall adopt rules in accordance with the provisions of this chapter. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

   (b)   The board of adjustment shall be subject to the open meeting laws of this state and all meetings, deliberations and voting of the board shall be open to the public.

   (c)   The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, which shall be immediately filed in the office of the city clerk and shall be a public record.

   (d)   The concurring vote of three (3) members of the board shall be necessary to reverse any other requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variation in any ordinance.

(Code 1976, §§12-3-3, 12-3-6)

   (a)   The board of adjustment shall have the following powers:

   (1)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, or any ordinance adopted pursuant thereto;

   (2)   To hear and decide special exceptions to the terms of this chapter to allow a use, or a specifically designated element associated with a use, which is not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the board of adjustment, where specifically authorized by this chapter, and in accordance with the substantive and procedural standards of this chapter;

   (3)   To authorize in specific cases variances from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by this chapter when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; provided, however, the board shall have no power to authorize variance as to use except as provided by paragraph (4) of this section.

   (4)   To hear and decide oil and/or gas applications or appeals unless prohibited in the city by ordinance. The board of adjustment shall be required to make the finding prescribed by Section 24-48 of this chapter in order to grant a variance as to use with respect to any such application or appeal. Exceptions and/or variances may be allowed by the board only after notice and hearing as provided in Section 24-48 of this chapter. The minutes of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question, otherwise said variance or special exception shall be voidable on appeal to the district court.

(Code 1976, §12-3-5)

   (a)   When exercising the powers provided for in Section 24-44 the board of adjustment, in conformity with the provisions of this chapter, may reverse or affirm, in whole or in part, modify the order, requirement, decision, or determination from which appealed and may make such order, requirement, decision, or determination as ought to be made.

   (b)   The concurring vote of at least three (3) members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of any such administrative officer, to decide in favor of the applicant, or to decide any matter, which may properly come before it pursuant to this chapter and the powers granted by Section 24-44 herein.

(Code 1976, §12-3-5)

   The board of adjustment is hereby authorized to make special exceptions to specific uses allowed within each zoning category according to the provisions of this chapter in appropriate cases and subject to appropriate conditions and safeguards in harmony with its general purpose and intent and only in accordance with general or specific provisions contained in this chapter.

   A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by this chapter may be granted in whole, in part, or upon reasonable conditions as provided in this chapter, only upon a finding of the board of adjustment that:

   (1)   The application of this chapter to the particular piece of property would create an unnecessary hardship;

   (2)   Such conditions are peculiar to the particular piece of property involved; and

   (3)   Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this chapter or the comprehensive plan.

   (4)   The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

(Code 1976, §12-3-5)

   (a)   Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the city and by mailing written notice by the clerk of the board of adjustment to all owners of property within a three-hundred-foot radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten (10) days prior to the hearing.

   (b)   The notice, whether by publication or mail, of a public hearing before the board of adjustment shall contain:

   (1)   Legal description of the property and the street address or approximate location in the municipality;

   (2)   Present zoning classification of the property and the nature of the appeal, variance or exception requested; and

   (3)   Date, time, and place of the hearing.

   (c)   On hearings involving minor variances or exceptions, notice shall be given by the city clerk of the board of adjustment by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten (10) days prior to the hearing and shall contain the facts listed in subsection (b) of this section. The board of adjustment shall set forth in a statement of policy what constitutes minor variances or exceptions, subject to approval or amendment by the city council.

(Code 1976, §12-3-6)

   (a)   Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the administrative officer.

   (b)   Such appeal shall be taken within thirty (30) days from the date of the decision by filing with the officer from whom the appeal is taken and by filing with the board of adjustment a notice of appeal specifying the grounds therefore and by paying a filing fee in the amount established by resolution at the office of the city clerk at the time the notice is filed. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment certified copies of all of the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken;

   (c)   An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment, after notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application and notice to the officer from whom the appeal is taken and on due cause shown; and

   (d)   The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(Code 1976, §12-3-4)

   (a)   An appeal from any action, decision, ruling, judgment, or order of the board of adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer or any officer, department, board, or bureau of the city to district court.

   (b)   Notice of appeal shall be filed with the city clerk and with the clerk of the board of adjustment within ten (10) days from the decision of the board, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal.

   (c)   Upon filing of the notice of appeal as herein provided, the board of adjustment shall forthwith transmit to the court clerk of the county the original, or certified copies, of all papers constituting the record in the case, together with the order, decision, or ruling of the board.

   (d)   The appeal shall be heard and tried de novo in the district court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.

   (e)   An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chairman of the board of adjustment, from which the appeal is taken, certifies to the court clerk, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this chapter, and upon notice to the chairman of the board of adjustment for which the appeal is taken, and upon due cause being shown.

   (f)   The court may reverse or affirm, wholly or partly, or modify the decision brought up for review. Costs shall not be allowed against the board of adjustment unless it shall appear to the district court that the board acted with gross negligence or in bad faith or with malice in making the decision appealed from. An appeal shall lie from the action of the district court as in all other civil actions.

(Code 1976, §12-3-7)

   Parties in interest and citizens shall have an opportunity to be heard at a public hearing before any district regulation, restriction, or boundary shall become effective. At least fifteen (15) days' notice of the date, time, and place of the hearing shall be published in a newspaper of general circulation in the city. Said notice shall include a map of the area to be affected, which indicates street names or numbers, streams, or other significant landmarks in said area.

   (a)   Regulations, restrictions, and district boundaries of municipalities may be amended, supplemented, changed, modified, or repealed. The requirements of Section 24-61 of this chapter on public hearings and notice shall apply to all proposed amendments or changes to regulations, restrictions, or district boundaries.

   (b)   Protests against proposed changes shall be filed at least three (3) days before the date of the public hearings. If protests are filed by:

   (1)   The owners of twenty (20) percent of more of the area of the lots included in a proposed change, or

   (2)   The owners of fifty (50) percent or more of the area of the lots within a three-hundred-foot radius of the exterior boundary of the territory included in a proposed change; then the proposed change or amendment shall not become effective except by the favorable vote of three-fifths of all the members of the city council.

(a)   Except as authorized in subsection (b) of this section, in addition to the notice requirements provided for in Section 24-61, notice of a public hearing on any proposed zoning district boundary change, except by the city acting pursuant to subsection (b) of this section, shall be given twenty (20) days prior to the hearing by mailing written notice by the secretary of the planning and zoning commission to all the owners of real property as provided for in section 24-62. The notice shall contain the:

(1)   Legal description of the property and the street address or approximate location in the city; and

(2)    Present zoning of the property and the zoning sought by the applicant; and

(3)    Date, time, and place of the public hearing.

In addition to written notice requirements, notice may also be given by posting notice of said hearing on the affected property at least twenty (20) days before the date of the hearing.

(b)   If the city proposes zoning reclassifications in order to revise its comprehensive plan or official map or to identify areas which require specific land use development due to topography, geography, or other distinguishing features, including but not limited to floodplain, drainage, historic preservation, and blighted areas, the city council may require, in addition to the notice requirements provided for in section 24-61, a sign to be posted on designated properties within the area affected by the proposed zoning reclassification. The sign and the lettering thereon shall be of sufficient size so as to be clearly visible and legible from the Public Street or streets toward which it faces. The notice shall state:

(1)   The date, time, and place of the public hearing; and

(2   Who will conduct the public hearing; and

(3)   The desired zoning classification; and

(4)   The proposed use of the property; and

(5)   Other information as may be necessary to provide adequate and timely public notice.

Persons requesting the city to rezone property or requesting a special use permit shall pay a fee to the city in the amount established by resolution.

(Code 1976, §12-2-4; Ord. No. 505, §2, 9-20-94)

From time to time, the city council shall instruct the city planning and zoning commission to study and make recommendations concerning the use of undeveloped land to promote the general welfare and in accordance with the comprehensive city plan, and upon receipt of such recommendations, the city council shall, after public hearings as required by law, establish the district classification of said lands.

(Code 1976, §12-2-5)

   A non-conforming use, building or structure may be continued and maintained, except as otherwise provided in this division.

(Code 1976, §12-7-1; Ord. No. 596, §4, 10-19-2004)

   (a)   A nonconforming building or structure shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located except as provided herein.

   (b)   If a building or structure is conforming as to use, but nonconforming as to area regulations, height regulations or off-street parking space, the building or structure may be enlarged or added to provided that the enlargement or addition complies with the applicable area regulations and the existing building and the addition complies with the off-street parking requirements of the district in which said building or structures is located.

   (c)   No nonconforming building or structure shall be moved in whole or in part to another location on the lot unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located.

(Code 1976, §12-7-1)

   A building, structure, or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of three (3) months shall not thereafter be occupied except by a use, which conforms to the use regulations of the district in which it is located.

(Code 1976, §12-7-1; Ord. No. 596, §4, 10-19-2004)

   (a)   A nonconforming use of a conforming building or structure (i.e., commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use.

   (b)   A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended.

(Code 1976, §12-7-1; Ord. No. 596, §4, 10-19-2004)

   When a structure, the use of which does not conform to the provisions of this chapter, is damaged by fire, explosion, act of nature, or the public enemy, to the extent of more than fifty (50) percent of its actual cash value, it shall not be restored except in conformity with the district regulations.

(Code 1976, §12-7-3)