[R.O. 2012 § 405.070; Ord. No.
764 Art. VI § 61, 3-1-1976]
Except as hereafter provided, no building or land shall hereafter
be used or occupied and no building nor part thereof shall be erected,
converted, enlarged, reconstructed or structurally altered which does
not comply with all the district regulations established by this Chapter
for the district in which the building or land is located.
[R.O. 2012 § 405.080; Ord. No.
764 Art. VI §§ 62 — 62.5, 3-1-1976; Ord. No. 901 §§ 1
— 2, 9-5-1989; Ord.
No. 944 §§ 1, 4, 2-1-1993]
A.
The continuance of non-conforming uses or structures shall be subject
to the following limitations:
1.
Continuation. The use of any land or structure existing at the time of the enactment of this Chapter may be continued even though such use may not conform with the regulation of this Chapter for the district in which it is located. With special permission of the Planning and Zoning Commission and Zoning Board, any non-conforming use in existence at the time of the enactment of this Chapter may continue as the use of right, exercising all privileges of this Chapter pertaining to the use district in which it would normally be included, with the exception of Subsection (2)(a) and all of the provisions in Subsection (3).
2.
Restoration. Ordinary repairs, alterations or modernization
may be made to any structure or portion thereof devoted to a non-conforming
use, provided that:
a.
No structural alterations may be made to such structure except
those required by the law or other regulations.
b.
No non-conforming use is extended or enlarged.
c.
A structure that is devoted to a non-conforming use which is
destroyed or damaged in any manner or from any cause whatsoever, to
the extent that the cost of restoration to the condition it was before
the occurrence shall exceed ninety percent (90%) of the cost of reconstructing
the entire structure, shall not be restored unless such structure
when restored shall comply with all provisions of this Chapter.
3.
Abandonment. Whenever a non-conforming use has been discontinued
for a period of six (6) months, such use shall not thereafter be re-established
and any and all subsequent uses of said property shall be in conformity
with the provisions of this Chapter.
4.
Substitution. If no structural alterations are made, a non-conforming
use of a building may be changed to another non-conforming use of
the same or of a more restricted classification. Whenever a non-conforming
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.
5.
Environmental. Any non-conforming use which is detrimental to
the social and economic environment shall be immediately made to conform
to health and safety standards of the district or removed.
[R.O. 2012 § 405.090; Ord. No.
764 Art. VI § 63, 3-1-1976]
No lot shall contain any building used in whole or in part for
any purpose unless such lot abuts for at least twenty (20) feet on
at least one (1) street or unless it has an exclusive, unobstructed
private easement of access or right-of-way of at least twenty (20)
feet wide to a street; and there shall not be more than one (1) single-family
dwelling or one (1) non-residential land use for such frontage or
easement.
[R.O. 2012 § 405.100; Ord. No.
764 Art. VI § 64, 3-1-1976]
No accessory buildings shall be erected in any required court
or in any yard other than a rear yard except as provided hereinafter.
Accessory buildings shall be at least two (2) feet in distance from
alley lines and from lot lines of adjoining lots which are in residential
R Districts and on a corner lot they shall conform to the setback
regulation of the principal building or at least six (6) feet therefrom,
may be connected thereto by a breezeway or similar structure, provided
all yard requirements for the principal building are complied with.
As accessory building which is not a part of the main building shall
not occupy more than thirty percent (30%) of the rear yard and shall
not exceed twelve (12) feet in height; however, this regulation shall
not be interpreted to prohibit the construction of a garage with maximum
size six hundred (600) square feet on a minimum rear yard.
[R.O. 2012 § 405.110; Ord. No.
764 Art. VI § 65, 3-1-1976]
For corner lots platted or of record after the effective date
of this Chapter, the front yard regulations shall apply to each street
side of the corner lot. The rear yard requirements for a corner lot
shall apply to the open space adjacent to the two (2) lot lines that
do not front upon a street. On corner lots platted or of record prior
to the official date of the enactment of this Chapter, the side yard
regulations shall apply to the longer street side of the lot except
in the case of reverse frontage where the corner lot faces an intersecting
street. In this case there shall be a side yard on the longer street
side of the corner lot of not less than fifty percent (50%) of the
front yard required on the lots to the rear of such corner lots and
no accessory building or said corner lot shall project beyond the
setback line of the lots in the rear; provided further, that this
regulation shall not be so interpreted as to reduce the buildable
width of a corner lot facing an intersecting street and of record
or as shown by existing contract of purchase prior to the official
date of the enactment of this Chapter to less than twenty-eight (28)
feet nor to prohibit the erection of an accessory building.
[R.O. 2012 § 405.120; Ord. No.
764 Art. VI § 66, 3-1-1976]
No yard shall be reduced in area so as to make any yard or any
other open space less than the minimum required by this Chapter. No
part of a yard or other open space provided about any building or
structure for the purpose of complying with the provisions of this
Chapter shall be included as part of a yard or other open space required
under this Chapter for another building or structure.
[R.O. 2012 § 405.130; Ord. No.
764 Art. VI § 67, 3-1-1976]
Along any zoning boundary line in the less restricted district,
any abutting side yard, rear yard or court, unless subject to greater
restrictions or requirements stipulated by other provisions of this
Chapter, shall have a minimum width and depth equal to the average
of the required minimum width or depth for such side yards, rear yards
or courts in the two (2) districts on either side of such zoning boundary
line. In cases where the height of a proposed structure on such lot
in the less restricted district is greater than the maximum height
permitted in the adjoining more restricted district, the minimum depth
or width of the side yard, rear yard or court for such structure shall
be determined by increasing the minimum width or depth for the highest
structure permitted in such more restricted district by one (1) foot
for each two (2) feet by which the proposed structure exceeds the
maximum height permitted in said more restricted district.
[R.O. 2012 § 405.140; Ord. No.
764 Art. VI § 68, 3-1-1976]
Whenever the plat of a land subdivision approved by the Planning
and Zoning Commission and on record in the office of the County Recorder
shows a setback building line along the frontage for the purpose of
creating a front yard or side street yard line, the building line
thus shown shall apply along such frontage in place of any other yard
line required in this Chapter unless specific yard requirements in
this Chapter require a greater setback.
[R.O. 2012 § 405.150; Ord. No.
764 Art. VI § 68, 3-1-1976]
Where one (1) parcel of property is divided into two (2) or
more portions by reason of different zoning district classifications,
each of these portions shall be used independently of the others in
respective zoning classification and for the purpose of applying the
regulations of this Chapter, each portion shall be considered as if
in separate and different ownership.
[R.O. 2012 § 405.160; Ord. No.
764 Art. VI § 69, 3-1-1976]
In the event that new territory becomes a part of the area of
jurisdiction of this Chapter by reason of annexation, consolidation
or detachment from any municipal corporation or otherwise, such territory
shall automatically be classified as an A-1 District, until and unless
otherwise rezoned in accordance with the amendment proceedings hereof;
provided, however, that any zoning classification in effect prior
to such annexation or other extension of jurisdiction shall remain
in full force and effect until changed or amended in accordance with
the procedures and requirements proscribed for such change or amendment
by this Chapter.
[R.O. 2012 § 405.170; Ord. No.
764 Art. VI § 69.1, 3-1-1976]
In case any territory subject to the jurisdiction of this Chapter
has not been specifically included in any of the aforesaid districts,
such territory shall automatically be classified as an A-1 District,
until and unless otherwise rezoned in accordance with the amendment
proceedings hereof; provided, however, that any zoning classification
in effect prior to the enactment of this Chapter shall remain in full
force and effect until changed or amended in accordance with the procedures
and requirements prescribed for such changes or amendments by this
Chapter.
