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4.3 (6) Normal maintenance of a building or other structure containing or related to a lawful non -conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non -conforming use. 4.3 (7) A lawful non -conforming use may be changed only to a use of the same or more restricted classification. 4.3 (8) Alterations may be made to a structure or building containing lawful non -conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units. 4.3 (9) Uses Not Provided For Within Zoning Districts. A) Whenever, in any Zoning District, a use is neither specifically allowed or denied, the use shall be considered as prohibited. In such cases, the City Council or the Planning Commission may, by their own initiative, or upon request of the property owner, conduct a study to determine if: 1) the use can be deemed consistent with the Comprehensive Municipal Plan; 2) the use is acceptable to and will not adversely affect adjacent property owners; 3) the use is in the public interest and is not detennined to be offensive; 4) which defined Zoning District would be most appropriate for the use; 5) what conditions and standards relating to development of the use should be imposed. Upon completion and consideration of the study, the City Council or Planning Commission or the real property owner may initiate a request for an amendment to the "Zoning Ordinance to provide for the particular use under consideration in accordance with the definitions and provisions contained in this Ordinance. Section 4.4 Lot Provisions 4.4 (1) A lot or parcel of land of record upon the effective date of this Ordinance which is in an "R" District and which does not meet the requirements of this Ordinance as to area, width, or other open space, may be utilized for single family detached dwelling purposes provided the measurements of such area, width or open space are within seventy-five percent (75%) of the requirements of this Ordinance; but said lot or parcel shall not be more intensively developed. 4.4 (2) Land covered by Gem Lake and its contiguous bog area (measured to the mean high water mark) and other ponds and wetlands shown on applicable section reaps covering the area shall not be included in any area calculations required by this Ordinance. 4.4 (3) In all residential districts, a lot must include contiguous buildable area as shown in tables located elsewhere within the ordinance unless the lot is part of a cluster or planned unit development that has been reviewed and recommended for approval by the Planning Commission and approved by the City Council. Section 4.5 Accessory Buildings 4.5 (1) No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. 4.5 (2) No accessory building shall exceed the height of the principal building. However, in no case, shall such accessory building exceed fifteen (15) feet in height. 4.5 (3) An accessory building sball be considered to be an integral part of the principal building unless it is six (6) feet or more from the principal building. 4.5 (4) No detached accessory building shall be less than sixty (60) feet from the public right-of-way except on a comer lot, unless it conforms to the side yard requirements of the principal building. Those accessory buildings located sixty (60) feet or more behind the right-of-way line shall have a side yard of two (2) feet or more and a rear yard of three (3) feet or more. 4.5 (5) No combinations of accessory buildings shall be allowed to exceed 1000 square feet in size, except by special use permit from the City Council. Section 4.6 Required Yards and Open Space 4.6 (1) No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this Ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall notbe further reduced. 4.6 (2) No required yard or other open space allocated to a building or dwelling group shall be used to satisfy minimum lot area requirements for any other buildings. 4.6 (3) The following shall be considered as permitted encroachments on set -back and height requirements: A) In any yards: posts, off-street open parking spaces, open terraces, awnings, open canopies, steps, chimneys, and flag poles. B) in front yards: service station pump islands and fences at least 800A open. C) in side and rear yards: fences or walls six feet in height or less. However, in a corner lot no obstruction higher than three feet above curb level shall be located within twenty feet of the lot comer formed by any two streets, or within fifteen feet of any street right-of-way. D) In rearyards: recreational and laundry drying equipment, open arbors and trellises, balconies, breeze ways, porches, detached outdoor living rooms, barbecue facilities. E) Height limitations shall not apply to bams, silos, and other structures on farms; to church spires, belfries, cupolas and domes; monuments; chimneys and smokestacks; flag poles; public utility facilities; Accessory and Secondary Use antennas and parapet walls extending not more than four feet above the limiting height of the building. Section 4.7 Traffic Visibility 4.7 (1) No fences, structures or planting exceeding thirty (30) inches in height above the center line grade ofthe street shall be permitted within the required front yard set -back on a comer lot. Section 4.8 Farming Operations 4.8 (1) All farms in existence upon the effective date of this Ordinance and all farts which are brought into the City by annexation shall be a permitted use where the operator can conduct a farming operation. However, all regulations contained herein and other City Ordinances as in effect shall apply to all changes of the farming operation which will cause all or part of the area to become more intensively used or more urban in character. Section 4.9 Essential Services 4.9 (1) Essential services shall be permitted as authorized and regulated by state law and ordinances of the City of Gem Lake. -10-