11-01-04: APPLICABILITY

   1.   Uniform Applicability:

      A.   It shall be unlawful to use any building, structure, or land or to erect, move, structurally alter, convert, extend, or enlarge any building or other structure except in conformity with the requirements established in the base zoning district, and in any applicable overlay zoning district, in which the structure, building, land, or use is located and in compliance with all applicable provisions of this Code.

      B.   In addition to complying with all applicable provisions of this Code, no property shall be allowed to maintain an attractive nuisance or public nuisance at any time.

   2.   Public Services Excepted: This Code shall not limit or interfere with the temporary use of any property as a public voting place, or with the construction, installation, or operation of the following by any public agency or private corporation, when such construction is otherwise in conformity with all federal, state, county, and city regulations:

      A.   Public street or highway.

      B.   Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, wells, valves, or any other similar distributing and transmitting equipment for telephone or other communications; electric power, gas, water, and sewer lines, provided that the installation shall conform when applicable with the rules and regulations of any federal or state commissions and agencies, or any other authorities having jurisdiction and subject to other city ordinance provisions, rules, and regulations; except that poles, towers, or similar installations of a height of 85 feet or greater are subject to the standards in Section 11-03-03.5.J, Utility Facility, Minor. Electrical substations are considered a major utility facility and are subject to the requirements of this Code.

      C.   Railroad right-of-way, excluding yards and stations.

      D.   Incidental appurtenances to any of the above. (Ord. 27-23, 7-18-2023, eff. 12-1-2023)