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§ 153.035  HEIGHT AND AREA EXCEPTIONS AND SUPPLEMENTS.
   The following requirements or regulations qualify or supplement, as the case may be, the zone regulations or requirements appearing elsewhere in this chapter.
   (A)   Public or semi-public buildings,  hospitals,  sanatoriums, schools and churches or temples, where permitted in a zone, may be erected to a height not exceeding 96 feet.
   (B)   Chimneys, water tanks or towers, elevator bulkheads, stacks ornamental towers or spires, wireless or broadcasting towers, or monuments, cupolas, domes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinances.
   (C)   Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the ordinary protection of sills, belt courses, cornices, buttresses ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches.
   (D)   Open or enclosed fire escapes, outside stairways, balconies and other necessary unenclosed projections, projecting into a minimum yard or court not more than 50% of the required side yard and the ordinary projections of chimneys and flues may be permitted by the Building Inspector where same are so placed as not to obstruct the light and ventilation.
   (E)   Municipally owned and operated public utility uses including water distribution uses and electric power transmission lines and transformer stations may be located in a residential zone.  Such uses shall  not  include repair or storage  facilities  for supplies or equipment.
(1993 Code, § 91.035)  (Ord. passed 4-6-1981)
§ 153.036  NONCONFORMING USES.
   (A)   Within the zones established by this chapter there may exist buildings, land, uses and farming practices which were lawful before this chapter was adopted but which would be prohibited or restricted under the terms of this chapter.  It is the intent of this chapter to permit these nonconforming uses and practices to continue until they are removed or changed in any way.
   (B)   All  farming  or  agricultural  practices  or  procedures, including livestock operations, in effect at the time of adoption may continue as nonconforming uses, if they are prohibited under the terms of this chapter, but those practices or procedures may not be changed or increased in scope or extent unless in conformity with this chapter.
   (C)   The lawful use of a “building” existing at the time of the passage of this chapter shall not be affected by this chapter, although such use does not conform to the provisions of this chapter; and such use may be extended throughout the building provided no structural alterations, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building are made therein, but no such use shall be extended to occupy any land outside such building. If such nonconforming building is removed or the nonconforming use of such building is discontinued for a continuous period exceeding 180 days, every future use of such premises shall be in conformity with the provisions of this chapter.
   (D)   The lawful use of “land” existing at the time of the passage of this chapter, although such use does not conform to the provisions of this chapter, shall not be affected by this chapter; provided, however, that no such nonconforming use shall be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this chapter.  If such nonconforming use is discontinued for a continuous period exceeding 180 days, any future use of said land shall be in conformity with the provisions of this chapter.
   (E)   A nonconforming use may be changed to a use of the same or higher classification according to the provisions of this chapter. When a zone shall hereafter be changed, any then existing nonconforming use in such changed zone may be continued or changed to a use of a similar or higher classification provided all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a nonconforming use of a lower  classification. The  order of classification of uses from the highest to lowest for the purposes of this section shall be as follows:
      (1)   Residential uses;
      (2)   Business uses; and
      (3)   Industrial uses.
   (F)   Nothing in this chapter shall be construed to prevent the restoration of a building destroyed to the extent of not more than 80% of its replacement value, exclusive of foundations, by fire, explosion or other casualty or act of God or the public enemy, if such building is repaired or rebuilt within one year of the date of such damage but not thereafter.  A building damaged more than 80% of its replacement value shall be rebuilt to conform to this chapter.  This chapter shall not prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction.
(1993 Code, § 91.036)  (Ord. passed 4-6-1981)
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