17.05.090 General use requirements.
The permitted uses of land or buildings located within the zoning jurisdiction of the city shall be as provided herein.
(1) Principal Uses. The principal uses of land or buildings as hereinafter listed in each zoning district shall be permitted in the districts indicated under the provisions of this chapter. No land or buildings shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such land or buildings shall be located, with the following exceptions:
(a) Uses lawfully established on the effective date of this title and rendered nonconforming by the provisions thereof shall be subject to provisions hereinafter set forth.
(b) Special uses allowed in accordance with procedures or provisions set forth herein.
(2) Special Uses. Special uses may be allowed in accordance with the following:
(a) Purpose. The development of this provision is based upon the zoning districts, within which districts the use of land and buildings and the location of buildings in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district or compliant within a selected district without consideration of the impact or influence of those proposed uses upon neighboring land. The provisions within this chapter ensure compliance with the comprehensive plan and proactively prevent nonconforming and noncompatible uses of primary structures, accessory structures and lot divisions. Such special uses fall into the following categories:
(i) Uses publicly operated or traditionally effected with a public interest.
(ii) Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their influence or impact upon neighboring property.
(iii) Demolition of an existing conforming primary structure or modification to a lot or property that would result in a nonconformance of such; provided, that all standards defined in this code are satisfied. Examples of such modifications/demolitions include but are not limited to:
(A) Sale of a portion of a property or of an adjacent lot that results in:
1. Reduction of required setbacks.
2. A nonadjacent accessory structure.
3. Reduction of required off-street parking.
(B) Demolition of all or a portion of a structure that results in:
1. A dwelling less than the minimum width, length, or total area requirements.
2. A nonadjacent accessory structure.
3. An accessory structure that is larger than the allowed total area or height based on the primary structure.
(3) Performance Required. Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the district regulations established by this chapter for the district in which the building or land is located.
Every building erected or structurally altered shall be located on a lot as herein defined under IGCC 17.05.020, and in no case shall there be more than one dwelling unit on one lot unless otherwise provided in this chapter.
(4) Street Frontage Required. Except as permitted, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts for at least 20 feet on at least one public street, or unless it has an exclusive unobstructed private easement of access or right-of-way of at least 20 feet wide to the street; and there shall be not more than one single-family dwelling for such frontage or easement, except that a common easement of access at least 50 feet wide may be provided for two or more such single-family dwellings or for one or more two-family or multiple dwellings.
(5) Corner Lots. For corner lots, platted or of record after the effective date of this chapter, the front yard regulation shall apply to each street side of the corner lot.
On corner lots platted or of record as of August 6, 1979, the side yard regulation shall apply to the longer street side of the corner 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 50 percent of the front yard required on the lots to the rear of such corner lot, and no accessory building on said corner lot shall project beyond the setback line of the lots in the rear; provided further, that this regulation shall not be interpreted to reduce the buildable width of the corner lot facing an intersecting street and of record as of the effective date of the ordinance codified in this title (August 6, 1979) to less than 28 feet nor to prohibit the erection of an accessory building.
(6) Required Yard Cannot Be Reduced. No yard or lot existing at the time of passage of the ordinance codified in this title (August 6, 1979) shall be reduced in dimension or area below the minimum required by this chapter.
No part of a yard or other open space, or off-street parking or loading space provided about any building, structure, or use for the purpose of complying with the provisions of this chapter shall be included as part of a yard, open space, or off-street parking or loading space required under this chapter for another building, structure, or use.
(7) Permits Previously Issued. Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any building or part thereof, for which approvals and/or required permits have been granted before the enactment of the ordinance codified in this title (August 6, 1979); the construction of which in conformance with such plans shall have been started prior to the effective date of the ordinance codified in this title (August 6, 1979) and completion thereof carried on in a normal manner and not discontinued for reasons other than those beyond the builder’s control.
(8) Zoning Districts Dividing Property. Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the others in its respective zoning classification, and for the purpose of applying the regulations of this title, each portion shall be considered as if in separate and different ownership. [Ord. 579 § 2, 2020; Code 1975 § 6-5.0109.]