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GENERAL PROVISIONS
Except as hereinafter provided, no building, structure, or land shall hereafter be used and no building or part thereof of a structure shall be erected, constructed, reconstructed, occupied, moved, altered, or repaired, except in conformity with the regulations herein specified for the class of district in which it is located.
(Ord. passed 5-16-2023)
Any building, structure, or use lawfully existing at the time of enactment of this chapter may be continued, except certain non-conforming uses as provided in § 154.038. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Inspector.
(Ord. passed 5-16-2023)
(A) Any lawfully established use of a building or land, at the effective date of this chapter, or of amendments thereto, that does not conform to the use regulations for the district in which it is located (except residential building lots, with existing single-family dwellings, located in the AG-1 and AG-2 Districts with less than the required minimum lot size, which shall be deemed conforming), shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.
(B) Any legal non-conforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
(C) Any building for which a permit has been lawfully granted prior to the effective date of this chapter, or of amendments thereto, may be completed in accordance with the approved plans; provided, construction is started within six months and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.
(D) Any non-conforming building or structure which has been or may be damaged by fire, flood,
explosion, earthquake, war, riot, or other act of God, may be reconstructed and used as before if it be done within 12 months of such calamity, unless damaged more than 50% of its fair market value, as determined by the Board of Appeals, at the time of such damage, in which case, reconstruction shall be in accordance with the provisions of this chapter.
(E) No building, structure, or premises where a non-conforming building or structure which has been or may be discontinued for more than one year, or has been or may be changed to a use permitted in the district in which it is located, shall again be devoted to a non-conforming use.
(F) Any building or structure devoted to a non-conforming use with a fair market value of less than
$500, as determined by the Board of Appeals, may be continued for a period not to exceed three years after enactment of this chapter, where upon such non-conforming use shall be removed or changed to a conforming use.
(G) (1) Any legal, non-conforming use shall be enclosed in all sides by a solid wall or tight board fence not less than eight feet high if said use includes storage, repair or maintenance of vehicles, equipment, or materials on the premises and not within the building.
(2) Said wall or fence shall be maintained to the satisfaction of the Building Inspector. Any use so described that is in existence at the time of this amendment is adopted shall comply with said fencing requirement within 180 days of the adoption of this amendment.
(H) A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and only if the required yards for the district in which it is located are maintained for such enlargement, except as provided for under variances of this chapter.
(I) No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.
(J) No non-conforming building in any Residential District shall be so altered as to increase the number of dwelling units therein.
(K) No non-conforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date of this chapter, or to displace any conforming use in the same building or the same parcel.
(L) Where a use is classified as a special use under this chapter and exists as a special use or permitted use at the date of the adoption of this chapter, it shall be considered to be a legal special use.
(M) Where a use is not allowed as a special or permitted use under this chapter or at the date of the adoption of this chapter and exists as an additional use as provided in the County Zoning Ordinance adopted July 1995, as amended, it shall be considered to be a non-conforming use and shall be subject to the applicable non-conforming use provisions of this section.
(N) Where non-conforming setbacks are a result of road widening on behalf of a municipality, county, state, or township highway department, it shall not be subject to the applicable non-conforming use provisions of this section.
(Ord. passed 5-16-2023)
Every lot shall have at least 20 feet of frontage which provides reasonable access onto the public right-of-way dedicated to street purposes. No building in the rear of a principle building on the same lot shall be used as a dwelling. Setbacks for flag lots will be determined at the start of the buildable area of the lot.
(Ord. passed 5-16-2023)
(A) No accessory building or buildings shall be erected in any required court or yard. When erected in a side yard in an AG-1, AG-2, SE-1, SE-2, or any R District, the accessory building shall maintain a five-foot setback. When erected in a rear yard in an AG-1, AG-2, SE-1, SE-2, or any R District, the accessory building shall maintain a five-foot setback. In any zoning district, accessory buildings shall not occupy more than 30% of the lot area, and in any R District, it or they shall not exceed the total ground floor footage of the primary structure, except for swimming pools, and shall be a distance of five feet from any lot line that adjoins an AG-1, AG-2, SE-1, SE-2, or any R District. Accessory buildings in all Residential Districts shall not exceed 15 feet in height, except that an accessory building used in part or wholly as a dwelling for domestic employees of the owners or of the tenants of the principle building shall not exceed two stories or 25 feet in height, provided it shall conform to the open space requirements of this chapter for a principle building, and for the purpose of determining the front yard in such case, the rear line of the rear yard required for the principle building shall be considered the front lot line for the building in the rear. Where the natural grade of a lot at the front wall of the principle building is more than eight feet above the average established curb grade in front of the lot, a private garage may be erected within any yard or court, but not within ten feet of any street line, provided that at least one-half of the height of such private garage shall be below the level of the yard or court.
(B) Any accessory building may be erected as an integral part of the principle building, or if at least six feet from the principle building, may be connected to the principle building by a breezeway or similar structure, provided all yard and court requirements of this chapter for the principle building are complied with, unless such accessory building is in a rear yard, in which case the applicable provisions of § 154.040(A) shall apply.
(C) (1) For zoning lots with a gross area of 25,000 square feet or greater in an AG-1, AG-2, or SE-1 District, accessory building may be allowed in the front yard, provided all other requirements of this chapter are met.
(2) For zoning lots in any R District, or the SE-2 Suburban Estates Medium Density District with a lot area of 25,000 square feet or greater, one accessory building may be erected in the front yard as follows;
(1) Lot size building maximum standards are as follows:
25,000 square feet to 2 acres | 900 square feet |
2+ acres to 5 acres | 1,200 square feet |
5+ acres to 15 acres | 1,600 square feet |
Notes to Table: -The principle building is, or shall be, located a minimum of 100 feet from the front property line. -The accessory building shall be located at or behind the front yard setback for the Zoning District in which the lot is located. | |
(2) For zoning lots greater than 15 acres, no more than two accessory buildings will be allowed in the front yard and no size limitation will be placed on the size of the accessory building, provided:
(a) The principle building is, or shall be, located at a minimum of 200 feet from the front property line; and
(b) The accessory building(s) shall be located at, or behind, the front yard building setback for the Zoning District in which the lot is located.
(D) For zoning lots that abut upon a river, accessory buildings may be located in front yards, provided:
(1) The principle building fronts the river; and
(2) (a) Accessory buildings are located in front yards on zoning lots with frontage upon the same side of the street between two intersecting streets or within a distance of 300 feet in each direction from the lot in question.
(b) The front setback of the proposed accessory building will not be less than the average of the front setbacks of the adjacent zoning lots and the side yard setbacks will be at least five feet.
(E) No accessory building or structure shall be constructed on any SE-2 or R lot prior to the time of construction of the principle building to which it is accessory.
(F) On all corner lots, the setback for accessory buildings shall be the same as that which is required for the principle building.
(Ord. passed 5-16-2023)
(A) No lot, yard, court, parking area, or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum requirement. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.
(B) The space occupied by a required private garage or parking area shall be considered the same as any required open space provided about a principle building, and such space shall not be reduced or included as any part of any required open space for another building or structure.
(Ord. passed 5-16-2023)
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