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Within the various districts established by these zoning regulations or amendments that may later be adopted, there exist structures and uses of land and structures that were lawful prior to the adoption of these zoning regulations but which would be prohibited, regulated, or restricted under the provisions of these zoning regulations. It is the intent of these zoning regulations to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by these zoning regulations to be incompatible with permitted uses in the districts involved.
1. Nonconformities In Any Residential District.
A. Nonconforming Use of Land. The lawful use of land upon which no building or structure is erected or constructed, which becomes nonconforming under the terms of these zoning regulations as adopted or amended, may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of these zoning regulations.
(2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not occupied by such use at the effective date of adoption or amendment of these zoning regulations.
(3) If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.
B. Nonconforming Use of Structures. If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of these zoning regulations, which would not be allowed in the district under the terms of these zoning regulations, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing structure devoted entirely or in part to a use not permitted by these zoning regulations in the district in which it is located, except when required by law, shall be enlarged, extended, reconstructed, moved, or structurally altered, unless the use is changed to a use permitted in the district in which such structure is located.
(2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of these zoning regulations. No such use shall be extended to occupy any land outside such building.
(3) If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use within the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.
(4) In the event that a nonconforming use of a structure (or structure and land in combination) is discontinued or abandoned for a period of six months, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(5) Any structure devoted to a use made nonconforming by these zoning regulations which is destroyed by any means to an extent of 60 percent or more of its assessed value cost at the time of destruction, exclusive of the foundations, shall not be reconstructed and used as before such happening. If the structure is less than 60 percent destroyed above the foundation, it may be reconstructed and used as before, provided it is done within six months of such happening, and is built of like or similar materials.
C. Nonconforming Structures. Where a structure exists at the effective date of adoption or amendment of these zoning regulations, which could not be built under the terms of these zoning regulations by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such structure may be enlarged or altered in a way that increases its nonconformity.
(2) Should such structure be destroyed by any means to an extent of 60 percent or more of its assessed value at time of destruction, it shall not be reconstructed except in conformity with the provisions of these zoning regulations.
2. Nonconformities In Any District Other Than Residential.
A. Nonconforming Use of Land. The regulations described in Subsection 1(A) of this section shall also apply to this subsection.
B. Nonconforming Use of Structures. The regulations described in Subsection 1(B) of this section shall also apply to this subsection, with the following exception: Any structure in any district other than a residential district devoted to a use made nonconforming by these zoning regulations may be structurally altered or enlarged in conformity with the lot area, lot coverage, frontage, yard, height, and parking requirements of the district in which located, provided such construction is limited to buildings on land owned, of record, by the owner of the land devoted to the nonconforming use prior to the effective date hereof. Such structural alteration or enlargement shall not authorize the substitution of a nonconforming use that is less restrictive than the one to which the structure was devoted at the time of adoption of these zoning regulations.
C. Nonconforming Structures. The regulations described in Subsection 1(C) of this section shall also apply to this subsection.
3. Required Repairs and Unauthorized Nonconformities.
A. Nothing in these zoning regulations shall be deemed to prevent the restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
B. Any use of land, use of structure, or structure, in existence at the time of adoption of these zoning regulations, which was not an authorized nonconformity under any previous zoning ordinance or similar regulations, shall not be authorized to continue its nonconforming status pursuant to these zoning regulations or amendments thereto.
Except as hereinafter specified, no building, sign, or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the district regulations established by these zoning regulations for the district in which the building or land is located.
Except as permitted in Section 165.19 of this chapter, no lot shall contain any building used in whole or in part for single-family or two-family residence purposes unless such lot abuts for at least 40 feet on at least one public street. An exclusive unobstructed ingress/egress easement of access or right-of-way of at least 24 feet wide to a public street may be used to satisfy this requirement in unique circumstances as approved by the Council upon recommendation of the Commission.
1. Occupancy of Yard Area. Accessory buildings, regardless of height, which are constructed above the normal ground surface in any yard area shall not occupy more than 30 percent of the yard area in which it is located, except in an R-6 District; however, this regulation shall not be interpreted to prohibit the construction of a 440 square foot garage. The 30 percent maximum shall include the total of all accessory buildings and structures.
2. Location.
A. No accessory building shall be erected in any front yard.
B. Accessory buildings must be erected separately from, and a minimum horizontal distance of six feet from, any principal building projection and may not be connected by a breezeway or similar structure.
C. Accessory buildings shall not be constructed in such a way to impede drainageways or interfere with overland flowage easements.
3. Setback.
A. Accessory buildings shall be distanced at least two feet from lot lines and easement lines, except within the R-6 District.
B. In the case of a corner lot or a double frontage lot, accessory buildings shall be restricted to the building setback lines as shown on the approved plat.
C. In no case shall any eaves or overhang extend closer than 12 inches to a rear or side yard line or an easement line.
4. Height. No accessory building shall exceed 14 feet in height. Height is measured as the vertical distance from the average finished grade at the building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
5. Design Characteristics.
A. In all cases, accessory buildings shall be constructed of materials similar to the principal structure and in character with the surrounding built environment as determined by the administrative official.
B. If any unenclosed balcony or unenclosed porch, including any deck, shall be constructed within six feet from any accessory building, the adjacent wall of said accessory building shall be not less than a two-hour fire wall. No unenclosed balcony or unenclosed porch or deck shall be constructed closer than three feet to any accessory building.
6. Principal Building Relationship.
A. Any building so connected to the principal building shall be considered a part of the said principal building and must meet the space requirements thereof.
B. No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced, and no accessory building shall be used unless the administrative official has issued a certificate of occupancy for the principal building.
1. Occupancy of Yard Area. Accessory structures that are constructed in any required yard area shall not occupy more than 30 percent of the yard area in which it is located. The 30 percent maximum shall include the total of all accessory structures and accessory buildings.
2. Location:
A. Accessory structures shall be permitted in any yard unless specified herein.
B. Accessory structures shall not be constructed in such a way to impede drainageways or interfere with overland flowage easements.
3. Setback. A minimum rear yard setback of five feet and a minimum side yard setback of two feet shall be maintained for accessory structures unless specified elsewhere in this title.
4. Decks:
A. Decks not exceeding 50 square feet in area shall be permitted in any yard, provided a minimum side yard setback of five feet is maintained.
B. Decks larger than 50 square feet shall be permitted only in rear yards.
5. Miscellaneous Structures. Permanent uses, including but not limited to sport courts, tennis courts, and metal batting cages shall maintain a minimum rear yard setback of five feet and a minimum side yard setback of two feet.
6. Domesticated Animal Run. In residential districts, domesticated animal runs are permitted within the limits of rear yards. A five foot setback is required from all lot lines and adequate screening (landscaping and/or opaque fencing) shall be provided to reduce visibility and noise to the adjoining property owners. Pet runs/kennels shall not exceed six feet in height.
7. Domesticated Animal Exercise Yard. In commercial or industrial districts, a domesticated animal exercise yard, a structure for the exercise of domesticated animals, may be constructed adjacent to or as part of the principal structure, may be indoors or outdoors, and need not be climate controlled. Such structure shall not be utilized as the primary enclosure for any animal. If outdoors, such structure shall be screened with solid fencing and shall be set back at least 10 feet from any adjacent property.
8. Swimming Pools. Swimming pools, hot tubs and saunas are permitted in any rear or side yard, provided a five foot setback shall be maintained from all side and rear property lines.
1. Front Yard. In all residential districts, there shall be a minimum front yard required as stated in the bulk regulations for that particular district; provided, however, where lots comprising 30 percent or more of the frontage within 200 feet of either side lot line are developed with buildings at a greater or lesser setback, the front yard requirement shall be the average of these building setbacks and the minimum front yard required for the undeveloped lots. In computing the average setback, buildings located on reverse corner lots or entirely on the rear half of lots shall not be counted. The required front yard as computed herein need not exceed 50 feet in any case. (See Section 165.20 for illustrations.)
2. Reduction of Required Yard or Open Space Prohibited. No yard or lot existing at the time of the effective date hereof shall be reduced in dimension or area below the minimum required by these zoning regulations. No part of a yard or other open space, or off-street parking or loading space provided about any building, structure, or use for the purpose of complying with the provisions of these zoning regulations, shall be included as part of a yard, open space, or off-street parking or loading space required under these zoning regulations for another building, structure, or use.
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