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Whitesburg City Zoning Code

ARTICLE VI

GENERAL REGULATIONS

Sec. 32-139.- Use of land.

No land shall be used except for a purpose permitted in the district in which it is located.

(Prior Code, app. D, art. 8(8.1); Ord. of 12-21-1998)

Sec. 32-140. - Use of buildings.

No building or structure shall be erected, converted, enlarged, reconstructed, moved, structurally altered or used, except for a use permitted in the district in which such building or structure is located.

(Prior Code, app. D, art. 8(8.2); Ord. of 12-21-1998)

Sec. 32-141. - Location of buildings.

Every building hereafter erected, converted, enlarged, reconstructed, moved or structurally altered shall be located on lots as herein defined except as approved by the zoning board in the form of a variance.

(Prior Code, app. D, art. 8(8.2-1); Ord. of 12-21-1998)

Sec. 32-142. - Height of buildings.

(a)

No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height limit herein established for the district in which it is located except for the following:

(1)

Chimneys.

(2)

Public monuments.

(3)

Church spires.

(4)

Tanks.

(5)

Fire towers.

(6)

Water towers.

(7)

Flap poles.

(8)

Silos.

(b)

Public and semi-public service buildings, hospitals, institutions and schools, may be erected to a height not to exceed 100 feet; churches may be erected to a height not exceeding 75 feet, provided the required side yard and rear yards shall be increased by at least one foot for each one foot of additional building height above the height regulations for the district in which the building is located.

(Prior Code, app. D, art. 8(8.2-2); Ord. of 12-21-1998)

Sec. 32-143. - Dimensional regulations.

No building or use shall be erected, converted, enlarged, moved or structurally altered except in conformity with the minimum space requirements (i.e., the lot area, floor area, building height, etc.) for the district in which such building is located.

(Prior Code, app. D, art. 8(8.2-3); Ord. of 12-21-1998)

Sec. 32-144. - Temporary buildings.

Temporary buildings shall not be permitted in any district except when they are used in conjunction with construction work or pending completion of a permanent building. Such building shall be used for a period not to exceed one year and shall be removed when the construction of the permanent building is completed. Construction of the permanent building is said to be completed at the issuance of a certificate of occupancy.

(Prior Code, app. D, art. 8(8.2-4); Ord. of 12-21-1998)

Sec. 32-145. - Interpretation and application.

In interpreting and applying this article, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of this article. Except as hereinafter provided, this article shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any easements, covenants or other agreements between parties. Whenever the provisions of this article impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of a lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits or any easements, covenants or other agreements between parties, then the provisions of this article shall govern.

(Prior Code, app. D, art. 8(8.3); Ord. of 12-21-1998)

Sec. 32-146. - Zoning affects all land and buildings.

No buildings, structures or land shall be used or occupied; and no building, structure or part thereof shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless in conformity with the regulations of this article.

(Prior Code, app. D, art. 8(8.4); Ord. of 12-21-1998)

Sec. 32-147. - Principal building per lot.

Unless provided for elsewhere in this article, there shall be no more than one principal building or structure upon any lot in any residential district.

(Prior Code, app. D, art. 8(8.5); Ord. of 12-21-1998)

Sec. 32-148. - Required open space may not be used by another building.

No part of any yard, other open space, or off-street parking or loading space required in connection with any building, structure, or use by this article shall be considered to be part of a required yard, other open space or off-street parking or loading space for any other building or structure.

(Prior Code, app. D, art. 8(8.6); Ord. of 12-21-1998)

Sec. 32-149. - Reduction of yards or lot areas.

Unless otherwise provided in this article, no lot existing at the time of passage of the ordinance from which this article is derived, shall be reduced, divided or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this article for the district in which it is located unless said reduction or division is necessary to provide land that is needed and accepted for public use.

(Prior Code, app. D, art. 8(8.7); Ord. of 12-21-1998)