A.
Application of regulations in districts authorized. No land, building, structure, or improvement shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the use, height, area, coverage, yard, space, and other requirements established in the district in which such land, building, structure, or improvement is located, and such use is authorized, except as provided by Article V, Nonconformities.
B.
Application of regulations to the uses of a more restricted
district. Whenever the specific district regulations pertaining to
one district permit the uses of a more restricted district, such uses
shall be subject to the conditions set forth in the regulations of
the more restricted district, unless otherwise specified.
C.
Residential uses restricted to residential lots. It
is intended that these regulations be interpreted as not permitting
a dwelling unit to be located on the same lot with or within a structure
used or intended to be used primarily for nonresidential purposes,
except that one accessory residential unit may be provided for a night
watchman, motel manager, or similar purpose where essential to the
main use of the lot.
D.
Temporary uses. The Zoning Administrator may issue
a zoning certificate, upon application, for lawful temporary uses
of property as specified in this and the following sections. Approval
may be made contingent upon such conditions and time limitations as
are reasonably necessary to secure the public welfare. The violation
of any such condition shall be grounds for the revocation of the certificate
and of any permit or license issued thereunder. The Zoning Administrator
may require guarantees to assure removal of the temporary use and
of any debris or refuse resultant therefrom, so as to restore the
premises to its prior condition. The Zoning Administrator may allow
an extension of a time limitation upon application.
E.
A temporary zoning certificate may be issued, upon
application, in the following instances:
[Amended 4-3-2007 by Ord. No. 5009]
(1)
For a tract and sales office in an R District during
the period of construction or sale of homes in a new subdivision,
located either in a dwelling or in a temporary structure not less
than 20 feet from any other structure. The office shall be removed
and the entire premises shall be restored to conform to the district
regulations within 10 days after the expiration of the period of time
specified in the certificate.
F.
The Zoning Administrator may issue a zoning certificate
upon application for any of the following uses, subject to the limitation
that the use shall be terminated within a specified period not to
exceed 60 days:
G.
This chapter shall not limit or interfere with temporary
use of any property as a public voting place, or with the construction,
installation or operation by any public agency or private corporation,
when in conformity with the regulations of the federal, state or local
public agency having jurisdiction:
(1)
Of any public street or highway;
(2)
Of any utility pipe, conduit, or sewer;
(3)
Of any power transmission, communication or transportation
line;
(4)
Of any railroad right-of-way, excluding yards and
stations;
(5)
Of any telephone exchange or other public service
corporation building, excluding public business offices, storage yards
or repair shops; or
(6)
Of any incidental appurtenances to any of the above.
H.
Building lines. Wherever a plan for major streets
and highways has been adopted and filed by the Commission, the Council,
upon recommendations of the Commission, is hereby authorized and empowered
to establish, regulate, and limit, and to change and amend, building
line or setback regulations on such major streets and highways, and
to prohibit any new building being located within such buildings or
setback lines within the area. In establishing such building lines,
the Council shall take into consideration the present stage of development
along such highways, including the type of buildings and nature of
their use, as well as their number and location; the present width
of such highways; and probable future needs to protect safety and
provide adequate transportation along such highways in view of the
trend of development of residential, commercial, and industrial areas
served by such highways.
I.
Regulations authorized by this section shall not be
adopted, changed or amended by the Council until a public hearing
has been held thereon by the Commission.
J.
After the Council shall have established building
or setback lines on such major highways, no new building or structure
shall be erected within such building or setback lines in the area
and no permit for such building shall be issued by the City Building
Inspector. The City Board of Adjustment shall hear appeals of any
property owner aggrieved by such building line and setback regulations.
Said Board of Adjustment shall have the power to modify or vary the
building line or setback regulations in specific cases in order that
unwarranted hardship, which constitutes an unreasonable deprivation
of uses as distinguished from a mere grant of privilege, may be avoided,
the intended purpose of the regulations strictly observed and the
public welfare and public safety protected.