A. Premises Or Building For Permitted Uses Only: No person shall use or occupy any premises or building, or any portion thereof, for any use other than is permitted by this chapter in the zone in which such premises or building is located.
B. Building Alterations And Improvements: No person shall erect, construct, build, alter, or enlarge any building, structure, or improvement which is designed, arranged, or intended to be used or occupied for any use other than is permitted by this chapter in the zone in which such building, structure, or improvement is located.
C. Conformity With Property Development Standards: No person shall erect, construct, build, alter, or enlarge any building, structure, or improvement except in conformity with all of the property development standards prescribed by this chapter for the zone in which such building, structure, or improvement is located.
D. Setback Required: No building, structure, or improvement, except as permitted by this chapter, shall be erected, constructed, established, altered, or enlarged within any setback required by this chapter.
E. Potential Safety Hazards: Notwithstanding any other provision of this title, the director of building and safety may authorize construction or grading in contravention of the provisions of this title if the director, after consultation with the director of planning and community development, determines that: 1) such construction is necessary to address an existing significant potential safety hazard to the occupants of the subject property or neighboring properties, 2) such potential safety hazard has not been caused by unpermitted or otherwise illegal construction or grading, and 3) such potential safety hazard cannot be adequately and feasibly mitigated by methods which conform to this title.
F. Disabled Access Or Emergency Equipment Upgrades: Notwithstanding any other provision of this title, the director of community development may modify the size, number and/or location of loading spaces and/or parking spaces required by this title in existing buildings in all commercial zones in the city, if the director, after consultation with the building official, determines that: 1) such modification is necessary to provide disabled access or emergency equipment upgrades required by the city building code or fire code, or state or federal requirements; and 2) such need for disabled access and/or emergency equipment upgrades have not been caused by unpermitted or otherwise illegal construction; and 3) such need for disabled access and/or emergency equipment upgrades cannot be adequately and feasibly met by methods which conform to this title. In approving any such modification to the size, number and/or location of any loading spaces and/or parking spaces, the director shall have the discretion to require the replacement of loading spaces and/or parking spaces which are removed. Replacement may be achieved through adjustment to location, dimensions, area, number and/or type, including, without limitation, van loading spaces, single loading spaces, multiple truck loading spaces, compact parking spaces, and/or tandem parking spaces. Notwithstanding the foregoing, no loading space shall be approved where the total square footage of the space is any smaller than the total square footage as designated in minimum loading space standards in section 10-3-2740 of this chapter; provided that any van loading space approved shall be of sufficient width to accommodate an entire van on site.
G. Substantial Compliance Determination: An applicant may seek a determination that a project substantially complies with the zoning code if, after a development project has been approved, a building permit has been issued and the city has approved placement of the footing, it is discovered that the project as constructed does not meet the requirements of the zoning code or conditions of approval. A substantial compliance determination may be approved, with or without conditions, for the zoning code standards listed in the table included in this section if the reviewing authority makes all of the following findings:
1. That requiring strict compliance with the zoning code would create substantial financial hardship for the applicant;
2. That the items that deviate from the code would not exceed the permissible deviations stated in the table included in this section;
3. That approval of a substantial compliance determination would not result in substantial, adverse impacts to neighboring properties;
4. That approval of a substantial compliance determination would not pose a threat to life or safety;
5. That the circumstances surrounding the request for a substantial compliance determination do not indicate that the applicant intended to deviate from the zoning code standards.
Nothing in this section shall allow the amount of front yard paving, the floor area of a building, or the height of a building to exceed the limitations in the zoning code.
The reviewing authority for a substantial compliance determination shall be the director of community development. If, in the opinion of the director an application merits review by the planning commission, the director may refer such application to the planning commission and the planning commission shall serve as the reviewing authority for such application and shall conduct a noticed public hearing regarding the requested substantial compliance determination.
Notice of a public hearing, an intended decision and action shall be provided in accordance with article 2.5 of this chapter.
The applicant or any person aggrieved by any decision regarding a substantial compliance determination may appeal to the planning commission, if the original decision was made by the director, or to the city council, if the original decision was made by the planning commission, as provided in title 1, chapter 4, article 1 of this code.
Zoning Standard | Permissible Deviation |
Building encroachments into required setback areas | Building walls, architectural projections, balconies, awnings, chimneys, and porches may encroach no more than 10 percent into a required setback. |
Fence and wall location, length, and height | In terms of location, height and length, fences and walls may be built no more than 10 percent beyond the applicable zoning code standard or condition of approval unless approved by the planning, design review or architectural commission. In no event shall the fence or wall block an automobile driver's field of vision when exiting a driveway. |
Minimum drive aisle width | The width of a drive aisle may be up to 10 percent narrower than the width specified by the city's minimum parking standards or a condition of approval. |
Minimum parking stall dimension | The dimension of a parking stall may be up to 10 percent shorter in each direction than specified by the city's minimum parking standards or a condition of approval. No more than 1 parking stall shall be eligible for this deviation. Parking spaces in single-family zones are not eligible for this deviation. |
(1962 Code §§ 10-201, 10-202, 10-203, 10-207, 10-208, 10-213, 10-214, 10-217, 10-218, 10-220, 10-222, 10-224, 10-301, 10-302, 10-306, 10-321, 10-327, 10-401, 10-402, 10-411, 10-420, 10-512; amd. Ord. 80-O-1771, eff. 10-16-1980; Ord. 85-O-1953, eff. 7-4-1985; Ord. 95-O-2139, eff. 7-7-1995; Ord. 93-O-2187, eff. 1-14-1994; Ord. 01-O-2367, eff. 3-8-2001; Ord. 05-O-2488, eff. 12-8-2005; Ord. 13-O-2638, eff. 2-24-2013; Ord. 14-O-2661, eff. 6-20-2014)