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(A) General. Within the zones established in this chapter, there exist nonconforming uses and structures which may continue to exist in accordance with the following provisions. The intent and goal of this section and this chapter is to lessen nonconforming uses and structures.
(B) Lots. In any zone permitting only single-family dwellings, a single-family dwelling shall be permitted on a lot which does not comply with the width and area requirements of this chapter, provided such lot was of record at the time of enactment of this chapter, and provided further that adjustments in yards are in accordance with provisions of this chapter. If two or more lots or parts of lots are in single ownership and enjoy continuous frontage at the time of the enactment of this chapter, and if all or part of such lots do not meet the width and area standards contained in this chapter, the lands involved shall be considered to be an undivided parcel. No portion of said parcel shall be used in a manner which may reduce compliance with the provisions of this chapter.
(C) Uses of land; abandonment. A nonconforming use of land shall not be enlarged, expanded, nor extended to occupy a larger area of land than was occupied at the time of the enactment of this chapter. A nonconforming use may be extended throughout any part of an existing structure which was arranged for such use prior to the enactment of this chapter. Such use shall not be moved in whole or in part to another location on the lot or parcel of land other than that occupied by the use at the time of the enactment of this chapter. If any such use ceases for a period of more than six months (except when government action or legal proceedings impede access to the premises, as determined by the Board of Zoning Appeals), any subsequent use of such land shall conform with the provisions of this chapter unless 66% or more of the surrounding uses of land within a 660-foot radius are also nonconforming uses of the same restriction as said subsequent use, thereupon, the proponent of said subsequent use shall apply for a certificate of nonconformity under the established procedures and additionally provide signed affidavits affirming the existence of surrounding nonconforming uses, as herein defined, of the same restriction. Said six-month limitation shall constitute an abandonment of the nonconforming use. Provided however, a property owner may commence repairs on restoration as provided in § 152.035 within said six-month limitation and will not be declared an abandonment if said repairs are completed within a reasonable time.
(D) Structures. A nonconforming structure shall not be moved in whole or in part to another location on the lot or parcel of land unless said relocation would bring the structure into conformance with the provisions of this chapter. If a nonconforming structure is made to conform, any future expansion or enlargement of said structure shall be in conformance with the provisions of this chapter. A nonconforming structure may be expanded or enlarged provided such expansion or enlargement would not further encroach upon the nonconforming characteristic of the structure.
(E) Substitutions. A nonconforming use may be changed to another nonconforming use of the same or greater restriction provided said change does not cause further violation of the performance standards of this chapter.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
Nothing in this chapter shall prevent the repair of a nonconforming structure. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means, it may be reconstructed provided it does not further encroach upon the structure. Nothing shall prevent the repair of a structure containing a nonconforming use and, where the structure is destroyed by any means, the resumption of said use shall be subject to the provisions of § 152.034(C).
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) A certificate of nonconformity shall transfer with ownership of property and shall be considered proof of a legal nonconforming use with said use being subject to the applicable provisions of § 152.034.
(B) Upon written request by the Administrative Zoning Officer or by his or her own volition, the owner of a property shall present documentary evidence to said Officer that a building or use owned by him or her qualifies as a legal nonconforming use.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
(A) Structures other than buildings. Towers, chimneys, stacks, spires, penthouses, cupolas, water tanks, silos, windmills, monuments, domes, grain elevators, and like structures may be built to a greater height than established in this chapter, except in the approach area of any airport where no structure shall be built which exceeds the maximum height permissible under the rules and regulations of any governmental agency. (See also § 152.054(A).)
(B) Projections. Cornices, eaves, sills, canopies, or similar architectural features, but not including bay windows or vertical projections, may extend or project into a required side yard not more than 18 inches and maximum of 36 inches into a front or rear yard. Any enclosed porch shall be considered as part of the main building.
(C) Setbacks. Where a new building or an addition to an existing building is proposed on a lot which adjoins two or more lots occupied by buildings, the setbacks for such new building or addition to an existing building shall be the main setback of the buildings on each side of the new building or addition to an existing building.
(D) Residential side yard. For a lot having a width of not less than 40 feet and not more than 50 feet at the building line at the time of the enactment of this chapter, residence buildings may have a minimum side yard of ten feet.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
ZONES
In order to carry out the purposes of this chapter, the incorporated territory of the city is hereby divided into zones or districts paying reasonable regard to existing conditions, the character of buildings erected in each zone, the most desirable use for which the land in each zone may be adapted, and the conservation of property values throughout the city.
(Ord. 1991-07, passed 1-7-1991)
The incorporated territory of the city is hereby divided into the following zones:
(A) A - Agriculture Zone;
(B) R-1 Residence Zone;
(C) R-2 Residence Zone;
(D) LBP Local Business and Professional Office Zone;
(E) GBC General Community Business Zone;
(F) IL Limited Industrial Zone;
(G) IIM Intense Industrial Zone/Manufacturing;
(H) FA Flood Area Zone;
(I) AD Airport Development Zone; and
(J) MHR Mobile Home Residence Zone.
(Ord. 1991-07, passed 1-7-1991)
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