(a) All streets, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, or railroad right-of-way. Where the center line of a street or alley serves as a district boundary the zoning of such street or such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.
(b) No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.
(c) No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit herein established for the district in which the building is located except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials or antennas, wireless masts, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than twenty-five feet the height limits of the district in which it is located, except that aerials or antennas designed to aid home television reception may be erected to a height not to exceed sixty feet from the ground level provided such aerial or antennas are attached to the building or erected in the rear yard area.
(d) No building or structure other than a building for conditional use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located.
(e) No space which for the purpose of a building or dwelling group has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this Ordinance, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court, or other open space requirement of or for any other building.
(1) An open terrace, but not including a roofed over porch or terrace, may occupy a front yard provided the unoccupied portion of the front yard has a depth of not less than fifteen feet. A one-story bay window may project into a front yard not more than three feet. Overhanging eaves, including gutters, may project over the minimum required side yard not more than twenty-four inches.
(2) The minimum yard or other open spaces, including lot areas per family required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected, shall not be encroached upon or considered as yard or open-space requirements for any other building.
(f) Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot unless otherwise provided in this Ordinance.
(g) Any separate tract the title of which was of record at the time of the adoption of this Ordinance or yards, courts, or other area of open space may be utilized for single residence purpose provided the requirements for such yard or court (or lot) area, width, depth or open space is within seventy-five percent of that required by the terms of this Ordinance. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.
(h) No building shall be constructed or erected upon a lot, or parcel of land, which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of forty feet unless an easement of lesser width was of record prior to the adoption of this Ordinance.
(i) No wall, fence, or shrubbery shall be erected, maintained or planted on any lot which unreasonably obstructs or interferes with traffic visibility on a curve or at any street intersection.
(j) No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling; except that in a two-story garage with living quarters upon the second floor, such quarters may be occupied by a servant (and his or her family) of the family occupying the main structure. There may also be constructed a guest house or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others as a house-keeping unit.
(k) Nothing in this Ordinance shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun to the adoption of this Ordinance and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within two years from the date of passage and publication of this Ordinance.
(l) An area indicated on the official “zoning map” as a public park or recreation area, public utility area, cemetery, public school site, or semipublic open space, shall not be used for any other purpose, and when the use of the area is discontinued, it shall automatically be zoned “R-1" One-family District, until otherwise zoned.
(m) Any area annexed to the City shall, upon such annexation, and until otherwise zoned, assume a zoning classification in accordance with its, i) then current use; ii) its intended use if such use is compatible, in the opinion of the Planning Commission, with surrounding properties within the City.
(n) Easements: No easement shall be permitted in any residential district to serve any building or other use in any commercial district.
(o) Telecommuting. Telecommuting shall be permitted in any residential district and commercial districts.
(p) Notwithstanding anything contained in this Ordinance to the contrary, any property within the City in which the use thereof, has been previously determined and established by a court order or as a result of any ordinance passed by the City in settlement and compromise of any prior litigation, shall continue in accordance with such court order or any such ordinance passed as a result of a settlement of such litigation.
(Passed 5-22-97.)
(Passed 5-22-97.)