02.0600 GENERAL PROVISIONS

Intent 02.0602 The intent of this section is to accumulate provisions applying to all land and buildings within the incorporated area of the city into one section rather than to repeat them several times. Non-conforming Buildings and Uses In view of the fact that no further development of change in use can be undertaken contrary to the provisions of this Ordinance, it is the intent of this Ordinance that non-conforming uses shall not be increased nor expanded except where a health or safety official, acting in his official capacity, requires such increases or expansion. Such expansions shall be no greater than that which is required to comply with the minimum requirements as set forth by the health or safety official. Nevertheless, a non-conforming buildings or structure or use of land may be continued to be the same extent and character as that which legally existed on the effective day of the applicable regulations. Repairs may also be made to a non- conforming building or to a building housing a non-conforming use. A. Damage Building May Be Restored A non-conforming building or structure or a building and Structure occupied by a non-conforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or act of God or public enemy, may be restored , and the occupancy or use of such buildings, structure, or part thereof which legally existed at the time of such damage or destruction may be continued or resumed, provided that such restoration is started within a period of one year from the date of destruction and is diligently prosecuted to completion and provided that such restoration does not increase the floor space devoted to the non-conforming use over that which existed at the time the building became non-conforming. B. Discontinuance or Abandonment A non-conforming building or structure or portion thereof or a lot occupied by a non-conforming use which is, or hereafter becomes, abandoned or is discontinued for a continuous period of one year or more shall not thereafter be occupied, except by a use which conforms to be the use regulations of the zone in which it is located. C. Change to a Conforming Use A non-conforming use or building may be changed to a conforming use or building. Any non-conforming use or building which has been changed to a conforming use or building shall not thereafter be changed back to a non-conforming use. D. Change to Another Non-conforming Use Prohibited A non-conforming use of a building or lot shall not be changed to another non-conforming use whatsoever. Changes in use shall be made only to a conforming use. E. Reclassification of Territory The provision pertaining to non-conforming uses of land and buildings shall also apply to land and buildings which hereafter become non-conforming due to an amendment in the Zoning Ordinance. F. Permits Granted Prior to Passage of this Ordinance or Amendment Thereto Notwithstanding the issuance of a permit therefore, no building which becomes non-conforming upon the passage of this Ordinance or which becomes non-conforming due to an amendment to this Ordinance or which becomes non-conforming due to an amendment to this Ordinance shall be built unless construction has taken place thereon to the extent of at least $500 in replaceable value by the date on which this Ordinance or said amendment becomes effective. Replaceable value shall be construed to mean the expenditure necessary to duplicate the materials and labor at market prices. Non-conforming Lots of Record 02.0604 Notwithstanding any other provision of this Ordinance, a one-family dwelling may be permitted on any lot of record in any zone which dwellings are permitted, even though such lot fails to meet the area or width requirements for one-family dwelling within the zone, provided that where two or more contiguous lots of record have continuous frontage are owned by the same person at the time of the passage of the controlling ordinance, the land included in the lots shall be considered to be an undivided parcel and no portion of said does not meet the area and width requirements of the zone in which the lot is located. Yard dimensions and other requirements not involving area or width shall conform to the regulations of the zone in which the lot is located except when granted by a variance by the Board of Adjustment. Annexations All land hereafter annexed to the city shall be classified in the R-1 Residential Zone until the Planning Commission shall submit its recommendations for the zoning of the land to the city council and until the city council shall hold a public hearing thereon as required for amendments to the Zoning Ordinance and map. Amendments to Ordinance and Map This Zoning Ordinance, including the map, may be amended as hereinafter provided: A. Intent With Respect to Amendments It is hereby declared to be public policy that this ordinance shall not be changed except to correct manifest errors or to more fully carry out the intent and purpose of the Master Plan for the city and of this Ordinance. B. Procedure Any person seeking an amendment to this Zoning Ordinance or map shall submit to the Planning Commission a written petition designating the change desired and the reasons therefore and shall pay a filing fee of $25.00 to the city. Upon receipt of the petition and the payment of the filing fee, the Planning Commission shall consider the request and shall certify its recommendations to the City. Council with respect to the request within thirty (30) days from receipt of the request. Failure on the part of the Planning Commission to certify its recommendations to the City Council within thirty (30) days shall be deemed to constitute approval unless a longer period is granted by the City Council. The fee required herein shall not be returned to the applicant. The Planning Commission or City Council may also initiate amendments to this ordinance. C. Public Hearing Required Before Amending – Notice Amendments to this Ordinance may be adopted only after a public hearing in relations thereto before the City Council at which parties in interest and citizens shall have an opportunity to be heard. A notice of the time and place of such hearing shall be published in a newspaper of general circulation within the area at least fifteen (15) days before the date of hearing as required by law. Annexations Anyone who shall make an annexation into the City must be responsible for and pay for the roads and other improvements on their property.