1.   The following requirements apply to all relevant lots, buildings, and/or uses in the City of West Burlington, regardless of the District in which they are located.

   Except as explicitly outlined below, no building, portion of building, or parcel of land shall be used, and no structure shall be erected, constructed, occupied, moved, altered or repaired, except when in conformity with the regulations specified for the District in which it is located.

2.   Validity of Existing Building Permits. Nothing contained in this ordinance shall require any change in the layout, plans, construction, size or designated use of any development, building, structure or portion of structure, for which official approvals and required building permits have been granted prior the enactment of the Ordinance, or any relevant amendments to the Ordinance. In conformance with such plans, the construction shall have been started prior to the effective date of the Ordinance or amendment, completed within the subsequent six-month period, and not discontinued until completion, except for reasons beyond the builder’s control.

3.   Nonconforming Uses. If a building, structure, or use existed lawfully at the time the Ordinance or any subsequent amendment was enacted, but does not conform to the requirements of the District in which it is located, its continued existence shall be allowed, with certain exceptions, as outlined below. These shall not apply to the Maximum Impervious Surface provision as specified in Section 165.21.

   A.   In the event that a nonconforming building or structure has been damaged by fire, flood, explosion, earthquake, or other natural disaster, it may be reconstructed and restored to its previous use, if it is done within twelve (12) months of the incident. However, if the damage amounts to more than 60% of the assessed value of the structure at the time of the incident, as determined by the Board of adjustment, reconstruction shall be in accordance with the provisions of the District in which it is located.

   B.   In the event that an owner intends to voluntarily demolish and reconstruct a non-conforming building or structure, it shall only be reconstructed in a non-conforming manner if the cost of the demolition and reconstruction amounts to 60% or less of its assessed value at the time this occurs. If the cost exceeds 60%, then the building or structure shall only be built in such a manner as would be in accordance with the provisions of the District in which it is located.

   C.   Once a building, structure, or lot has had a nonconforming use discontinued for more than one year, or had its use changed to one permitted within the District in which it is located, it shall never again be devoted to a nonconforming use.

   D.   Any nonconforming use of land not involving any structure and any nonconforming outdoor advertising sign or outdoor advertising structure may be continued for a period not to exceed three years after such determination, whereupon such nonconforming use shall cease or structure shall be removed.

   E.   Any building or structure devoted to a nonconforming use with an assessed value of less than $5,000.00, as determined by the Board of Adjustment, may be continued for a period of no more than three years after such determination. At this point, the nonconforming use shall cease, and the building or structure shall be removed or changed to a conforming use.

   F.   Nothing in these regulations shall prevent the repair and restoration of any part of a building or structure that the Building Inspector has declared to be unsafe.

   G.   The above provisions shall not be applicable where any such building, structure, or use would be conforming under the Land Use Plan, as defined in Section 165.03.

4.   Multiple Uses. A lot may contain more than one principal use, provided all uses are conforming and compatible. In B-1 and B-2 Districts, a multiple use permit is required for all lots involving more than one principal use, as outlined in Section 165.10.

5.   Requirements for All Dwellings

   A.   Street Frontage Requirement. No lot created after the adoption of this Ordinance shall contain any building used as a dwelling, unless it meets one of the following conditions:

      (1)   The lot has at least 37.5 feet of street frontage

      (2)   The lot has a permanent, exclusive, and non-obstructed easement at least 37.5 feet in width, which provides access to a public street.

   B.   Minimum Ground Floor Area. Dwellings shall contain the following amount of usable floor area, exclusive of open porches, garages, or steps:

 

 

   C.   Conversion of Dwellings. The conversion of any building into a dwelling or the conversion of any dwelling as to accommodate an increased number of dwelling units or families shall be permitted only under the following conditions:

      (1)   The building is within a District in which a new building designed for similar occupancy would be permitted under the Ordinance.

      (2)   The resulting occupancy will comply with requirements governing new construction in such District, including:

         a.   Minimum lot size

         b.   Lot area per dwelling unit,

         c.   Dimensions of yards and other open spaces

         d.   Off-street parking.

   Each conversion shall also be subject also to further requirements, as may be specified within the regulations applying to each respective District.

6.   Lot Area Requirements.

   A.   Existing Lots of Record. In any district where dwellings are permitted, a single-family detached dwelling may be constructed on any lot of record existing at the time this Ordinance was enacted; provided that the owner does not own any adjoining property, and yard spaces satisfy the requirements of the District, unless modified by the Board of Adjustment as set forth under Section 165.24.

   B.   Lots Not Served by Sewer and/or Water. In any district, where neither municipal water nor sanitary sewer is accessible, the lot shall conform to the following lot dimensions, based on the likelihood of future access being provided:

 

 

   In order to meet the criteria of the second option above, the City Engineer or County Health Officer shall have certified that said areas will be large enough to satisfy all applicable requirements concerning water supply and the disposal of sanitary wastes.

   C.   Yards and Open Space Areas.

      (1)   No lot, yard, court, parking area or other open space shall be so reduced in size, so that it constitutes less than the minimum required by the regulation. If such an area is already less than the minimum requirement, it shall not be further reduced.

   No required open space provided by any building or structure shall substitute for any open space required for another building or structure. This shall apply to required private garages and parking areas, as well.

7.   Accessory Buildings and Structures.

   A.   Except in the case of properties used for agriculture or public parks, no accessory building shall be erected in any yard other than a rear yard, and it shall occupy less than 32 percent of the required rear yard.

   B.   Accessory buildings shall be limited to 18 feet in height, and shall be positioned at the following dimensions: at least 3 feet from adjoining lot lines in any Residential District, 3 feet from alley lines, and 6 feet from any other structure on the same lot.

   C.   For private garages, those situated perpendicular to the alley shall be positioned at least 16 feet from the alley line, while those situated parallel to the alley shall be positioned at least 3 feet from the alley line. Walkways not projecting higher than 4 inches above grade level, and driveways necessary for access to a garage will not be counted against the 32 percent rear yard requirement.

   D.   In R-1, R-2, and R-3 Districts, the same minimum rear yard setback for accessory buildings and structures shall apply to any garage that is attached to the rear of the principal structure. The coverage area for an attached garage shall be included in the 32 percent rear yard coverage limit for accessory buildings. Such attached garage shall comply with all other regulations that are applicable to any principal structure.

   E.   At no time shall any permanent accessory building be constructed so as to encroach upon any utility easement.