Article 4. GENERAL PROVISIONS  


4.1

Use of land. No land shall be used except for a purpose permitted in the district in which it is located.

4.2

Use of Buildings. No building or structure shall be erected, converted, enlarged, reconstructed, moved, structurally altered or used, except for a use permitted in the district in which such building or structure is located.

4.2-1

Location of Buildings. Every building hereafter erected, converted, enlarged, reconstructed, moved or structurally altered shall be located on lots as herein defined except as approved by the Planning Commission in the form of a variance.

4.2-2

Height of Buildings. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height limit herein established for the district in which it is located except for the following:

Chimneys Public Monuments
Church spires Tanks
Fire Towers Water Towers
Flag Poles Silos

 

Public and semi-public service buildings, hospitals, institutions and schools, may be erected to a height not to exceed one hundred (100') feet; churches and temples may be erected to a height not exceeding seventy-five (75') feet, provided the required side yard and rear yards shall be increased by at least three (3') feet for each one (1) foot of additional building height above the height regulations for the district in which the building is located.

4.2-3

Dimensional Regulations. No building or use shall be erected, converted, enlarged, moved or structurally altered except in conformity with the minimum space requirements (i.e. the lot area, floor area, building height, etc.) for the district in which such building is located.

4.2-4

Temporary Buildings. Temporary buildings shall not be permitted in any district except when they are used in conjunction with construction work or pending completion of a permanent building either commercial or residential. Such building shall be used for a period not to exceed one (1) year and shall be removed when the construction of the permanent building is completed. Construction of the permanent building is deemed complete at the issuance of a Certificate of Occupancy.

4.3

Interpretation and Application. In interpreting and applying this ordinance, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of this ordinance. Except as hereinafter provided, this ordinance shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any easements, covenants or other agreements between parties. Whenever the provisions of this ordinance impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of a lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits or any easements, covenants or other agreements between parties, then the provisions of this ordinance shall govern.

4.4

Zoning Affects all Land and Buildings. No buildings, structures or land shall be used or occupied; and no building, structure or part thereof shall be erected, constructed, reconstructed, moved, enlarged or structurally altered unless in conformity with the regulations of this ordinance.

4.5

Principal Building Per Lot. Unless provided for elsewhere in this ordinance, there shall be no more than one (1) principal building or structure upon any lot in any residential district.

4.6

Required Open Space May Not be used by Another Building. No part of any yard, other open space, or off-street parking or loading space required in connection with any building, structure, or use by this ordinance shall be considered to be part of a required yard, other open space or off-street parking or loading space for any other building or structure.

4.7

Reduction of Yards or Lot Areas. Unless otherwise provided in this Ordinance, no lot existing at the time of passage of this ordinance shall be reduced, divided or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this ordinance for the district in which it is located unless said reduction or division is necessary to provide land that is needed and accepted for public use.

(Ord. of 4-12-06(2))