(a) Generally. No building or other structure shall hereafter be erected or structurally altered:
(1) To exceed the height required.
(2) To accommodate or house a greater number of families than that permitted by the provisions of this Zoning Code.
(3) To occupy a greater percentage of lot area than permitted.
(4) To have narrower or smaller rear yards, side yards, front yards, or lot width at the building line than those permitted in this Zoning Code.
(b) Principal Building per Lot. No more than one principal building or structure may be constructed on any one lot for the purposes of this Zoning Code unless otherwise indicated.
(c) Buildings under Construction Prior to Enactment of this Code or Amendments. Nothing in this Zoning Code shall be deemed to require any change in plans, construction, or designated uses of any building upon which actual construction has lawfully begun prior to the adoption of this Zoning Code and provided construction is prosecuted diligently, and provided further that such building shall be completed within one year from the date of passage of this Zoning Code.
(d) Minimum Living Area per Single Family Dwelling Units.
(1) One story buildings. The minimum for a single-family dwelling without a basement shall be 864 square feet of living area. The minimum with a basement shall be 864 of first floor living area.
(2) One and one-half story buildings. The minimum for a single-family dwelling shall be 768 square feet of first floor living area and a total of not less than 1,152 square feet of living area on both floors. The floor area over which the finished ceiling is less than 61/2 feet from the finished floor shall not be counted in the total living area.
(e) Two-Story Buildings. The minimum for a single-family dwelling shall be 720 square feet of first floor living area, and a total of not less than 1,080 square feet of living area on both floors.
(f) Multi-Level Buildings. The minimum for a single-family dwelling shall be 1,296 square feet of living area, with a minimum lot coverage of 864 square feet.
(g) Frontage Required for Building. No principal building or groups of buildings approved by the Planning Commission shall be erected on a lot which does not abut on a street of record.
(h) Temporary Buildings. The following regulations are necessary to govern certain uses which are of a non-permanent nature. For such uses requiring a temporary zoning permit, an application for a zoning permit shall be made to the Responsible Authority at least seven days before the instigation of such use. This application shall contain a graphic description of the property to be used, a description of the proposed use, and a drawing with sufficient information to determine the yard, setback, parking, and sanitary/water/electric facility requirements for the proposed temporary use. The period during which such temporary buildings are to be permitted shall be no greater than the period of construction plus 30 days after the completion of such construction unless noted otherwise herein. The following uses are deemed to be temporary uses and shall be subject to the specified regulations and time limits which follow, as well as the regulations of any district in which they are located:
(1) Real estate offices containing no living accommodations shall be permitted within any district for any new subdivision for a period of 1 year. Two 6-month extensions may be granted if conditions warrant by the Responsible Authority. Such offices shall be removed upon the completion of the sales of the lots therein or upon the expiration of the zoning permit, whichever occurs first.
(2) Temporary buildings, construction trailers, offices, equipment, materials, and storage facilities required in conjunction with construction activity may be permitted in any district for a period of 1 year. Six-month extensions may be granted if construction is substantially underway. Such uses shall be removed immediately upon completion of the construction or upon expiration of the zoning permit, whichever occurs first.
(3) Temporary sales and services may be permitted in parking areas within any commercial district. A zoning permit valid for a period not to exceed 7 consecutive days shall only be issued 3 times within any 12-month period to any individual or organization. The Responsible Authority shall not issue a permit for such temporary use if he or she determines that it encroaches upon more than 25% of the required parking area.
(4) Temporary retail sales and services such as the sale of plants, flowers, arts and crafts, farm produce, or similar items on a lot(s) other than parking lots, including any lot on which an existing business is operating or on which a business is vacated, may be permitted in any commercial district. A zoning permit valid for a period not to exceed 2 consecutive days shall only be issued 3 separate times for any particular lot within any 12-month period, and not more than 1 permit may be issued at the same time for any lot. The applicant must submit a current vendor's license or transient vendor's license, and a written statement from the property owner giving his/her permission for such use. This section shall not be interpreted to prohibit any such use in any case where a valid covenant or deed restriction specifically authorizes such use. In any event, the zoning permit shall be prominently displayed at the site.
(i) Exceptions to Height. Height limitations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(j) Architectural Projections. Open structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered parts of the building to which they are attached and shall not project into a required minimum front, side, or rear yard unless otherwise permitted in this Zoning Code
(k) Erosion and Sedimentation Control During Construction. A plan for erosion and sedimentation control during and after construction shall be included with all other plans upon application for a zoning permit for any construction activity involving excavation. The following principles shall be followed in developing and carrying out the plan:
(1) The smallest practical area of land should be exposed at any one time during development.
(2) When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(3) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.
(4) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development.
(5) Provisions shall be made to effectively accommodate the increased temporary and permanent runoff caused by changed soil and surface conditions during and after development per municipal standards specifications/development standards.
(6) Permanent final erosion control vegetation and structures shall be installed as soon as practical in the development.
(7) The development plan shall be fitted to the topography and soils so as to create the least erosion potential.
(8) Wherever feasible, natural vegetation should be retained and protected.
(Ord. 01-014. Passed 7-17-01.)