1.   Conformance. The regulations herein set forth shall be minimum regulations, applying uniformly to each class or kind of structure or land.

      A.   No land, building, or structure shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, or structurally altered which does not conform to the regulations of the district in which it is located.

      B.   No building or structure shall hereafter be erected or altered: (i) to exceed the height; (ii) to accommodate or house a greater number of families or persons; (iii) to occupy a greater percentage of lot area; (iv) to have less than minimum, in area or dimension, front yards, side yards, rear yards, or other open spaces; or (v) in any manner contrary to the provisions of this chapter.

      C.   No yard or lot existing at the time of passage of this chapter shall be changed in dimension or area to the extent that it no longer meets the requirements set forth herein. Yards or lots created after the effective date of the Zoning Ordinance shall meet at least the minimum requirements set forth herein.

      D.   Modular homes, manufactured homes, and mobile homes converted to real property and taxed as real estate, when placed on private property, shall have permanent frost depth footings of a perimeter foundation type or columns/piers and permanently anchored to prevent wind uplift and turnover, as specified in the Building Codes. The vertical space between the perimeter of the first floor and grade level shall be infilled with like material as utilized in site built construction with permanent frost depth footings and foundations.

      E.   A residence shall contain at least one entry on the street from which the property’s address is determined. Such entry is not required to be the primary entry.

   2.   Nonconformance. Where, at the effective date of adoption or amendment of the Zoning Ordinance, lawful use of land structures, or buildings exist that are made no longer permissible under the terms of such Ordinance as enacted or amended, such use, structure, or building may continue so long as it remains otherwise lawful, subject to the following provisions:

      A.   No such nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Zoning Ordinance; nor may any building or structure be enlarged or altered in a way which increases or substitutes its nonconformity.

      B.   No such nonconforming use, structure or building shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the Zoning Ordinance.

      C.   If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

      D.   No such nonconforming structure, if destroyed by an act of God to an extent of more than 85 percent of its replacement cost at time of destruction, shall be reconstructed except in conformity with the provisions of this chapter.

      E.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

      F.   Any building or structure devoted to a nonconforming use with a fair market value of less than $500.00, as determined by the Board of Adjustment, may be continued to a period not to exceed three years after the enactment of the regulations, whereupon such nonconforming use shall cease and thereafter such building or structure shall be removed or changed to a conforming use.

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.

   3.   Street Frontage. No lot shall contain any building used in whole or part for residence purposes unless such lot abuts on at least one street for at least the minimum width at the minimum front yard depth from the street.

   4.   Accessory Buildings. No accessory building structure or garage that exceeds six feet in height shall be erected, except as provided hereinafter:

      A.   Accessory buildings, including roof overhangs, shall be at least three feet from lot lines of adjoining lots in any R District. An accessory building within 60 feet of the front yard line shall have a full side yard between it and the side lot line. On a corner lot the accessory building shall conform with the setback regulations of the principal building.

      B.   Accessory buildings may be erected as part of the principal building or may be connected thereto by a breezeway or similar structure. Such connected accessory buildings shall be considered as part of the principal building for all yard requirements.

      C.   Accessory buildings shall be at least five feet from any other separate building or structure on the same lot.

      D.   Any accessory building, including a garage, located in any R District shall comply with the applicable front yard setback for the principal building.

      E.   Accessory buildings and structures which are constructed above the normal ground surface in any required yard area shall not occupy more than 30 percent of the yard area in which it is located; however, this regulation shall not be interpreted to prohibit the construction of a garage not to exceed 625 square feet of gross building area.

      F.   A garage accessory building in any R District shall not exceed 20 feet in height to the highest measured point of the garage accessory building. All other accessory buildings in a residential use in any R District shall not exceed 12 feet in height to the highest measured point of the accessory building, and no accessory building shall exceed the highest measured point of the main residential building or dwelling. Materials used for the roofing and siding of the accessory building must be the same material as that used for the main residential building or dwelling. If the siding of the main residential building or dwelling is brick, stucco, or a materials not available, not longer produced, the accessory building siding may be hard wood panel, lap siding, or simulated vinyl or steel lap siding with the same, blending or matching color to the main residential building or dwelling.

   5.   Corner Lots. For corner lots, platted or of record after the effective date of the Zoning Ordinance, the front yard regulation shall apply to both yards abutting a street right-of-way. The side yard setback on a reversed corner lot shall not be less than the front yard setback of the interior lot to the rear of said reversed corner lot.

   6.   Building Lines on Approved Plats. Whenever the plat of a land subdivision approved by the Planning Commission and on record in the office of the County Recorder shows a setback building line along the frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place or any other yard line required in this chapter unless specific yard requirements in this chapter require a greater setback.

   7.   Division of Property by District Boundaries. When one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the others in respective zoning classification, and for the purpose of applying the regulations of this chapter, each portion shall be considered as if in separate and different ownership.

   8.   Number of Uses on One Lot. No lot shall contain more than one principal use.

   9.   Conversion of Dwelling. The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be only within a district in which a new building for similar occupancy would be permitted under the zoning regulations, 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.

   10.   Minimum Floor Area. Excluding porches, garages, steps, or exterior walls, no dwelling shall contain less in square feet floor area than provided by the following schedules:

      A.   Single-family detached structures (floor area on ground level):

 

 

      B.   All other dwelling structures (square feet excluding all common areas and common walls):

 

   11.   Essential Services. Essential services, including (but not limited to) telephone or other communications, electric power, gas, water, and sewer lines or facilities, including attendant poles, tower, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other distributing equipment, shall be permitted as authorized and regulated by law and other regulations of the City, it being the intent hereof to exempt such essential services from the application of the regulations.

   12.   Architectural Design and Treatment of Buildings. In order to maintain character, continuity and enhance physical appearance, the following standards shall apply to zoning districts C-0 (nonresidential uses), C-1, C-2, I-1 and 1-2 unless noted otherwise in this chapter. In the event that any of the standards below conflict with other standards, regulations, or requirements of federal, State, County laws or regulations, or as outlined elsewhere within this City Code, the more restrictive regulation shall apply.

      A.   Façades. All principal and accessory buildings must be constructed so that the primary building face has as its covering natural materials, rather than simulated or synthetic materials. Natural materials include, but are not limited to, stone, stone facing, brick, wood, stucco, clay tile, ceramic tile, quarry tile, terra cotta, and cut stone. Rough-faced concrete block may be used for an exterior surface where concrete block is the only option because of existing structural conditions or requirements. Materials to be excluded include, but are not limited to, plain concrete block, plain precast, fiberglass, simulated brick and stone, vinyl siding, metal siding and Masonite panels. If the underlying building is constructed using either metal or concrete form walls, the metal or concrete portion of the external primary building face must be completely covered with natural materials.

      B.   Exclusions. This chapter excludes that portion of the primary building face that contains manufactured window frames, window glass, door frames and doors.

      C.   Awnings. Awnings are allowed on any building consistent with other City codes and requirements. Any awning extending over a public sidewalk or passageway shall require a building permit with a condition of issuance being the Zoning Administrator’s determination that the proposed awning complies with the appropriate snow loading standard determined to be appropriate by said administrator.

      D.   Waiver of Requirements. Any one or more of the requirements set forth herein may be waived by the Planning and Zoning Commission for reasons of safety or engineering, as the Commission may determine. No waiver shall be authorized or permitted for relief from any of the requirements for reasons related primarily to the costs of compliance or aesthetic preferences. Any person seeking a waiver under this section shall submit a written application to the Commission which shall include a detailed description of the safety or engineering need for a waiver.

      E.   Exception. The provisions of this section shall be applicable in the BP-1 District, except the building façade materials allowed are those set forth in this paragraph. The exterior walls of each building shall be constructed of permanent durable architectural materials. The front façade and each façade facing a street shall incorporate brick, stone, architectural block, architectural concrete panels, architectural wood, architectural steel, glass, or similar materials in the design. Façade materials required for the front façade and street side façades shall be continued for not less than 20 feet on each side adjoining a front façade or street side façade. All other sides of the building shall be constructed and finished in an attractive manner in keeping with the generally accepted standards for a high quality commercial/industrial development. Unfaced concrete block and non-architectural streel shall not be permitted.

      F.   Exception. The provisions of this section shall not be applicable to any buildings located in an MU District.

   13.   Visibility at Intersection in Residential Districts. On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half and 10 feet above the centerline grades of the intersection streets in the area bounded by the street lines 40 feet from the point of intersection.