ARTICLE
3. GENERAL PROVISIONS
Sec.
3-1. Transition provisions.
3-1.1. Permits issued prior to ordinance [Ordinance].
Nothing contained in this Ordinance shall be construed to
require any change in the plans, construction or intended
use of any building or structure for which a permit was
lawfully issued by the county prior to the effective date
of this Ordinance or subsequent amendment thereto, provided
that such construction is commenced prior to the expiration
of such permit as specified by the provisions of this Ordinance
or other applicable laws. In any case where a permit expires
or ceases to be valid, or where construction is abandoned
for a period of twelve (12) months or greater, further construction
and use shall conform with the applicable provisions of
this Ordinance.
3-1.2. Existing uses, buildings and structures. Uses,
buildings and structures lawfully existing at the effective
date of this Ordinance or subsequent amendment thereto may
be continued subject to the provisions of Article 6 of this
Ordinance pertaining to nonconforming uses and features.
Sec.
3-2. Compliance with provisions.
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No building,
structure or land shall be used or occupied and no building
or structure or part thereof shall be erected, constructed,
reconstructed, moved, converted or structurally altered
except in conformity with all of the regulations specified
for the district in which such building, structure or
land is located and with all other applicable provisions
of this Ordinance.
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No lot area,
yard, open space or other feature required by the provisions
of this Ordinance shall be reduced or eliminated by
private action except in conformity with the regulations
established by this Ordinance.
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No part
of any lot, yard, open space or other feature required
for a building, structure or use shall be encroached
upon or considered as lot, yard, open space or other
feature for any other building, structure or use, except
as may be specifically permitted by the provisions of
this Ordinance.
Sec.
3-3. Location on a lot required.
Every building or structure hereafter erected, constructed,
reconstructed or moved and every use hereafter established
shall be located on a lot of record as defined in Article
11 of this article.
Sec.
3-4. More than one main building on a lot.
More than one (1) main building containing a permitted principal
use may be located on a single lot when all lot area, yard,
open space, space between buildings and other applicable
requirements of the district in which such lot is situated
are met, except that no main building containing a single-family
dwelling or a two-family dwelling shall be located on a
lot with any other main building unless specifically authorized
by the provisions of Article 5 this Ordinance.
Sec.
3-5. Lots recorded prior to this ordinance [Ordinance].
Any lot of record which was lawfully established prior to
the effective date of this Ordinance or subsequent amendment
thereto and which does not conform with the requirements
for minimum lot area or lot width applicable in the district
in which such lot is situated, may be devoted to single-family
dwelling use if such use is normally permitted in the district,
provided that all other applicable provisions of this Ordinance
and applicable health regulations shall be met.
Sec.
3-6. Street frontage or access required.
Every building or structure erected, constructed, reconstructed
or moved and every use established after the effective date
of this Ordinance shall be located on a lot having frontage
on an improved public street or, except as may be prohibited
by the subdivision ordinance of the county, shall have access
to an improved public street by way of a private street
or recorded easement which is of sufficient width and character
to provide access for service and emergency vehicles and
which is approved by the zoning administrator.
Sec.
3-7. Construction and use of accessory buildings.
3-7.1. Permits and relation to main building. No accessory
building shall be constructed or located on a lot until
a building permit has been obtained, and no permanent accessory
building shall be constructed until a permit for construction
of the main building has been issued. No permanent accessory
building shall be used except for temporary storage of materials
related to construction on the premises, until the main
building is completed and a certificate of occupancy is
issued. Yard, height and other regulations applicable to
accessory buildings shall be as set forth in the district
regulations and the supplementary regulations contained
in Articles 4 and 5 of this Ordinance.
3-7.2. Dwelling use prohibited. No accessory building
shall be used for dwelling purposes except by domestic employees
or caretakers whose principal occupation is rendering services
on the premises for the benefit of persons who occupy or
use the main building on the lot.
Sec.
3-8. Temporary buildings and construction trailers.
When used only in conjunction with construction work taking
place on the site, temporary buildings and construction
trailers shall be permitted in any district during the period
when construction work is in progress as evidenced by a
valid building permit. Such temporary facilities shall be
removed immediately upon completion of the construction
work.
Sec.
3-9. Relief in cases of steep topography.
The zoning administrator shall have the authority to reduce
the minimum required dimensions of front, side and rear
yards by not more than fifty (50) percent when the average
slope of the buildable area of the lot, as defined in Article
11 of this Ordinance, exceeds one and one-half (1 1/2) feet
vertical for each ten (10) feet horizontal. Such reduction
in required yards shall be permitted only when the zoning
administrator is satisfied upon receipt of survey plats,
engineering plans or other pertinent information that the
above conditions are met, and that the reduction in yard
dimensions is the minimum necessary:
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To enable
a reasonable and practicable buildable area on the lot
for purposes permitted in the district; or
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To avoid
such extent of grading, rock excavation, filling or
destruction of natural vegetation that would constitute
a potentially unsafe or hazardous condition.
Sec.
3-10. Severability.
Should
any section, subsection, paragraph, phrase, definition or
provision of this Ordinance be declared by the courts to
be invalid or unconstitutional, such decision shall not
affect the validity of this Ordinance as a whole or any
part thereof other than the part so declared to be invalid
or unconstitutional.
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