O-2014-3551 amend Ch 106;comprehensive review and update

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(5) A previously approved site plan that is older than one year from the date of approval by the City, a letter with seal and signature from the engineer of record would be required to ensure compliance with existing regulations. (6) Scope of commercial / industrial construction consists of modification of an existing internal structure only. All buildings shall be placed in such a manner that they will not obstruct future streets which may be constructed using existing rights-of-way or dedicated rights-of-way in accordance with the adopted thoroughfare plan of the city. Not more than one principal building shall be located in R-1 zone on any one lot. The words "principal building" shall be given their common, ordinary meaning; in case of doubt or on any question of interpretation the decision of the enforcement officer shall be final, subject to the right of appeal to the board of adjustment. On a thru lot within residential districts (a lot fronting on two substantially parallel streets), the rear lot line shall be defined as the major street, where access is prohibited, and the minimum rear yard setback shall be 20 feet for applying the yard and parking regulations of this chapter. Except in a planned unit development and Main Street Overlay, Nno building shall be located closer than ten feet from any existing or proposed street right-of-way. DIVISION 9. NONCONFORMING BUILDINGS, STRUCTURES AND USES The general public, the planning and zoning commission and the board of adjustment are directed to take note that nonconformities in the use and development of land and buildings are to be avoided, or eliminated where now existing, wherever and whenever possible, except when necessary to preserve property rights, specific structures, lots, or uses established prior to the date these regulations became effective as to the property in question, and when necessary to promote the general welfare and to protect the character of surrounding property. It shall be the responsibility of the planning and zoning commission and the board of adjustment to assist the city council in achieving this goal by advising the city council of their recommendations thereon. As necessary, the city council may from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any nonconforming use within the city. (1) Conforming use does not change to nonconforming use if adjacent property subsequently changes zoning classification. A use that conforms to the zoning regulations on the effective date of this zoning ordinance at the time of initial development of the site shall not subsequently be deemed a nonconforming use solely because the use changes on an adjoining property.