§ 154-15.02  General Provisions for Buildings and Uses.
   (A)   Restoring unsafe buildings and structures.  Nothing in this chapter shall prevent a strengthening or restoration to safe or lawful condition of any building or structure declared unsafe or unlawful pursuant to law.
   (B)   Security guards and caretakers.  The occupancy of buildings or premises by security guards or caretakers for sleeping shall not constitute residence occupancy within the meaning of this chapter, except that, within the Airport District any such occupancy shall be expressly limited to the principal building or premises used for commercial, industrial or agricultural purposes only, in accordance with the provisions of this Code. Any such area within a commercial, industrial or agricultural building used for such purpose within the Airport District shall be limited to a maximum of 400 square feet and shall be sound attenuated.
   (C)   Minimum lot size.
      (1)   Where the provisions of this chapter establish a minimum lot size requirement which would prohibit an application for rezoning, such application may be considered if it meets the criteria set forth in division (C)(2) below.
      (2)   Applications which do not meet the minimum lot size as defined under the development standards for that zoning district may be considered for rezoning only if a specific plan of development is submitted at the time of the rezoning request which complies with all other development standards without the necessity of a variance.
   (D)   Minimum district size.
      (1)   Where the provisions of this chapter establish a minimum district size requirement which would prohibit an application for rezoning, such application may be considered if it meets the criteria set forth in division (D)(2) below.
      (2)   Applications which do not meet the minimum district size as defined under the development standards for that zoning district may be considered for rezoning only if:
         (a)   The property is zoned as Agriculture (AG) as a result of having been annexed by the city;
         (b)   The existing use is a legal nonconforming use in the Agriculture (AG) District;
         (c)   Rezoning to a more appropriate district is necessary in order to continue or expand the existing activity; and
         (d)   The proposed district at least 25% of the established minimum district size required by this chapter.
   (E)   Legally established yard setbacks.  On any property where there is a legally established building setback line less than that required by the standards established by this chapter, that setback may be continued when expanding a structure for a use permitted by the zoning district in which the property is located. The provision is not applicable to proposed expansions in street yard setback lines.
('80 Code, App. A, § 30)  (Ord. 583, passed 9-16-1952; Ord. 2375, passed 9-16-1987; Ord. O97-11, passed 3-5-1997; Ord. O97-23, passed 9-3-1997; Ord. 02000-25, passed 5-3-2000; Ord. O2002-30, passed 8-7-2002; Ord. O2010-32, passed 7-7-2010)  Penalty, see § 154-999