(A) Substandard, or existing, lots and their use.
(1) Consideration of separate parcels of land. If, in a group of contiguous platted lots under a single ownership, any individual lot does not meet the minimum requirements of this chapter, the individual lots cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one, or more, parcels of land, each meeting the full minimum requirements of this chapter.
(2) Single-family detached dwelling. If a single lot, or parcel of land, in a residential district exists, and is recorded as a separate lot, or parcel, in the County Recorder’s office, or Registrar of Titles, on, or before, the date of the city’s legally adopted in this chapter in existence at the time, the lot may be used for single-family detached dwelling purposes; provided, the area, and width thereof, are within 60% of the minimum requirements of this chapter; and, provided, it can be demonstrated that safe, and adequate, sewage treatment systems can be installed to serve the permanent dwelling.
(B) Non-conforming use and structures. Any structure, or use, existing upon the effective date of this section, and which does not conform to the provisions herein, may be continued subject to the following conditions:
(1) Substandard structures. No building which has been damaged by fire, explosion, act of God, or public enemy, to the extent of more than 50% of its estimated market value, shall be restored, except in conformity with this chapter. Nothing in this chapter shall prevent the strengthening, or restoration, of a wall or structural member in a building maintained for non-conforming use when action is taken pursuant to a building permit;
(2) Residential structures. Alterations may be made to a residential building containing non-conforming units when such alterations improve the livability of the unit(s); provided, that the number of units in the building are not increased;
(3) Alteration of non-conforming use to increase non-conformity. No non-conforming use shall be expanded, changed, enlarged, or altered in a way that increases its non-conformity. A non-conforming use may be changed to a conforming use, but shall not thereafter be changed back to its non-conforming use;
(4) Abandonment. A non-conforming use of a building that has been discontinued for a period of 12 months shall not be reestablished, and any future use shall be in conformity with the regulations of this chapter;
(5) Relocation. A non-conforming use shall not be moved to any other part of the parcel of land upon which the same was conducted at the time of the passage of this chapter; and
(6) Inspection. The enforcing officer may make an annual inspection of all non-conforming uses, and report to the Council, within 60 days. He or she may enter upon, or in, the premises at reasonable hours for inspection purposes.
(C) Established building lines or front yard reduction. Where more than 50% of the linear frontage along the same side of a street within the same block contains existing buildings having setbacks from the street less than the required minimum specified by the zoning district in which the buildings are located, any new building may be setback a distance equal to the average setback of the existing buildings. However, in no instances shall any building be required to be located more than the minimum setback specified by the zoning district.
(D) Dwelling unit restrictions.
(1) Prohibited dwelling units. No cellar, garage, tent, trailer, recreational vehicles, or accessory building shall be used as a permanent dwelling. The basement portion of a finished home, or apartment, may be used for normal eating and sleeping purposes; provided, it is properly damp-proofed, has suitable fire protection and exits, and is otherwise approved by the local Building Official.
(2) Minimum dwelling unit dimensions. No dwelling unit shall be less than 20 feet in width at its narrowest side in any district. Single-family dwelling units shall contain a minimum floor area of 960 square feet. All dwelling units shall be placed upon a permanent foundation constructed in conformance to the State Building Code and, other than an approved earth sheltered home, shall have a pitched roof covered with shingles or tiles, and have eaves of not less than six inches. These provisions shall not apply to dwelling units that are in an approved, manufactured housing park.
(3) Water and sewer. All structures will be required to connect to water and sewer, if available.
(E) Temporary uses permitted. Temporary buildings that are used in conjunction with construction work, including trailers and manufactured/mobile homes used as offices and for tool storage, may be permitted in any district during the period that construction is taking place, but the temporary buildings shall be removed within 30 days after completion of construction work.
(F) Accessory buildings and structures.
(1) Accessory buildings on internal lot. No accessory buildings on an internal lot may be located within five feet of the side or rear lot lines, or from the designated setback on a corner lot.
(2) Detached accessory building height. The height of detached accessory buildings shall not exceed 18 feet.
(3) Garages. The area of an attached garage shall not exceed the total ground floor living area of the principal structure, and shall be incorporated in the building’s total design. No private, unattached garage used, or intended, for the storage of passenger automobiles or motor vehicles, recreation vehicles, boats, and the like, shall exceed 1,000 square feet of gross area, nor shall any access door, or other opening, exceed the height of 12 feet.
(4) Accessory buildings and rear yards. Accessory buildings shall not occupy more than 50% of the rear yard.
(5) Principal building. Accessory buildings, including garages, shall not be constructed prior to, or in lieu of, the principal building.
(6) Human habitation. No accessory building may be used for human habitation.
(7) Private kennel. Private kennels in residential zoning districts shall not be allowed in the required front or side yards. Kennels may be located in the rear yard setback; provided, all portions of the kennel are located at least five feet from any property line.
(8) Defining finish materials for accessory buildings. Accessory buildings, for the purposes of this section, are buildings that can be either a slab on grade, or frost protected footings with a concrete, asphalt, sand, gravel, crushed rock, or natural earth floor. Garden sheds with self-contained floors must be placed on gravel, crushed rock, concrete, or asphalt surface, and protected from rodents. Exterior materials and finish must match, or complement, the exterior finish of the principal structure in material, color, and texture. The accessory use, or structure, shall not be injurious to the use, and enjoyment, of surrounding properties.
(G) Uses not provided for within zoning districts (prohibited uses). Whenever, in any zoning district, a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such cases, the Council, Planning and Zoning Commission, or property owner may request a study by the city to determine if the use is acceptable and, if so, what zoning would be most appropriate, and the determination as to conditions, and standards, relating to development of the use. The Planning and Zoning Commission, upon receipt of the staff study, may initiate an amendment to this chapter to provide for the particular use under consideration, or may find that the use is not compatible for development within the district, or the city.
(Prior Code, § 11.04) (Ord. 165, second series, passed 7-5-2000; Ord. 30, third series, passed 10-15-2013; Ord. 47, third series, passed 8-4-2020)