Except as hereinafter provided:
(a) The provisions specified in this Zoning Code shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
(b) Where provisions of this Zoning Code impose a greater restriction upon the use of buildings or premises, or upon height of buildings, or require larger open spaces or lot areas than that required by other Municipal ordinances, the provisions of this Zoning Code shall control.
(c) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building be moved onto the zoning lot or within the same zoning lot, nor shall any parcel of land described by metes and bounds or any lot hereafter be created, which does not conform and meet the requirements of this Zoning Code, except as provided in Section 1268.08.
(d) No building shall, after this Zoning Code is enacted, be erected or altered to:
(1) Exceed the height;
(2) Accommodate or house a greater number of families;
(3) Occupy a greater percentage of lot area; or
(4) Have a narrower or smaller rear yard, front yard or side yard than is specified herein for the zoning district in which such building is located, except as provided in Section 1266.02(b)(4).
(e) No land shall be used, except for a purpose permitted in the zoning district in which it is located.
(f) Pre-existing uses shall be permitted to be continued according to the following:
(1) Except as hereinafter specified, any use, building or structure, existing at the time of the enactment of the original Zoning Ordinance 338 of the City of Englewood, may be continued even though such use, building or structure may not conform with the provisions of this Zoning Code for the district in which it is located.
(2) Except as hereinafter specified, any use, building or structure, existing prior to the effective date of this Zoning Code, and at the time of the enactment of Zoning Ordinance 519 of the City, may be continued even though such use, building or structure may not conform with the provisions of this Zoning Code for the district in which it is located, provided that it conforms to the provisions of the original Zoning Ordinance 338 of the City.
(3) Any use, building or structure, existing prior to the effective date of this Zoning Code and subsequent to the enactment of Zoning Ordinance 519 of the City, shall conform to the provisions of the Zoning Ordinance of the City, as they existed prior to this amendment, rather than to the provisions of this Zoning Code.
(4) Any use, building or structure, existing prior to the effective date of this Zoning Code and subsequent to the enactment of Zoning Ordinance 72-30 of the City, shall conform to the provisions of the Zoning Ordinance of the City, as they existed prior to this amendment, rather than to the provisions of this Zoning Code.
(g) Except as provided for in Section 1266.05, no part of a yard or other open space or off-street parking or loading space about a building required for the purpose of complying with this Zoning Code shall be included as part of a yard, open space, off-street parking space or loading space similarly required for another building.
(Ord. 79-56. Passed 11-13-79.)
(h) Every principal building hereafter erected or structurally altered shall be located on a single zoning lot, except as modified hereunder in R-5, 0, C, I, STUD and E Districts, more than one principal building per zoning lot may be allowed if an administrative determination is made that all of the following criteria are met:
(1) No building is closer to a street or to a property line than the required and applicable front and rear zoning yards; and no buildings are closer to one another than twice the distance of the minimum side yard if end-to-end, nor closer than the sum of required front and rear yards if either front-to-front, front-to-back or back-to-back on the zoning lot.
(2) The various buildings to be constructed or altered bear a close functional relationship to each other, i. e. dissimilar land uses are not involved, and future ownership by only one entity is virtually assured.
(3) It would be an extreme physical planning hardship to put each structure on a separate zoning lot and still approach allowable zoning densities.
(4) Similar uses elsewhere are customarily developed with more than one principal structure.
If administrative approval of more than one principal building on a single zoning lot cannot be secured, the applicant for a permit may appeal to the Planning Commission for approval, subject to procedures specified in Section 1268.05(e) or (g), as applicable.
(Ord. 88-8. Passed 5-10-88; Ord. 96-6. Passed 3-27-96.)
(i) No parcel of land described by metes and bounds nor any lot shall hereafter be created which does not conform and meet the requirements of this Zoning Code.
(j) No commercial or industrial establishment shall be permitted to create a continuous curb cut or driveway approach along its right-of-way line.
(Ord. 79-56. Passed 11-13-79.)
(k) All free-standing principal buildings in any "C," "S-PUD," "E" or "I" District shall have a minimum floor area of 200 square feet.
(Ord. 87-4. Passed 2-10-87; Ord. 96-6. Passed 3-27-96.)
(l) The business activity of any commercial or industrial establishment shall be conducted within a completely enclosed building, except as provided in Section 1266.03(g).
(m) No livestock or poultry, quartered or housed within the corporate limits, shall be kept and maintained so as to produce objectionable noise, odor, destruction of property or health problems.
(n) Nothing in this Zoning Code shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approvals and required permits have been legally granted before the enactment of this Zoning Code, the construction of which, conforming with such plans, has been started within six months of the enactment of this Zoning Code and completed in a normal manner within a subsequent two-year period and not discontinued until completion, except for reasons beyond the builder's control. All permits for which construction has not begun within six months of the enactment or amendment of this Zoning Code are hereby revoked and void.
(Ord. 79-56. Passed 11-13-79.)
(o) Structures not elsewhere regulated by this Zoning Code shall be located not closer than fifty feet from a front lot line nor closer than twenty feet from a side lot line. However, if such structures are effectively screened from view, from either another zoning lot or off-premises, by a fence or wall six feet or less in height, such structures may be located anywhere on a zoning lot other than required front or side yards.
(Ord. 83-24. Passed 9-13-83)
(p) No building or other development shall take place within a flood plain without express permission from the City Engineer, if such building or development will add impervious land area to the flood plain or subtract from the amount of water accommodated by a given flood plain area. Indications of flood plain boundaries may be inferred from U.S.G.S. maps, from existing or previous zoning maps or by the existence of a watercourse. The burden of determining floodplain boundaries shall lie with the owner of land proposed for development.
(Ord. 87-16. Passed 6-9-87.)
(q) When a combination of permitted or conditionally permitted uses is proposed for a given zoning lot, the stricter of applicable zoning provisions for either use shall apply to the overall development.
(r) No real property in the City shall be transferred, nor shall a lease therefore be made which exceeds 40 years, including extension periods, unless a certificate of occupancy for said premises is issued by the City, prior to closing or lease execution, acknowledging acceptance by the City of the use(s) to be made of the property and stating there are no zoning or property violations of the kind specified by Chapter 1266.07. This provision shall not apply to personal wireless service facilities as defined in Section 1270.01(57.5) of the Zoning Code.
(Ord. 89-1. Passed 1-10-89; Ord. 01-15. Passed 6-26-01.)