08 - ZONING DISTRICTS DESIGNATED
In order to classify, regulate, restrict, and segregate the uses of land and building to regulate and restrict the height and bulk of buildings; and to regulate the area of yards and other open spaces about buildings; and to regulate the density of population, six classes of land use zones are established to be known as follows:
(Ord. 64 § 1, 1985; Ord. 55 § 3.00, 1980)
The zones aforesaid and the boundaries of such zones are shown upon the map attached hereto and made a part of the ordinance codified in this title, being designated as the "zoning map," and such map and all the notations, references, and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fully described in this chapter.
(Ord. 55 § 3.01, 1980)
Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following rules shall apply:
A.
Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries;
B.
In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map;
C.
In case any uncertainty exists, the planning commission shall determine the location of boundaries;
D.
Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley;
E.
Where any private right-of-way or easement of any railroad, railway, canal, transportation, or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property;
F.
All property in the city not otherwise classified, and all property hereafter annexed and not zoned upon annexation, is classified as R-1 zone.
(Ord. 55 § 3.02, 1980)
Except as hereinafter provided:
A.
No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used, for any purpose or in any manner other than a use listed in this title or amendments thereto, as permitted in the zones to which such land, building or premises is located.
B.
No building shall be erected nor any existing building be moved, reconstructed, or structurally altered to exceed in height the limit established by this title or amendments thereto, for the zone in which such building is located.
C.
No building shall be erected nor shall any existing building be moved, altered, enlarged, or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this title or amendments thereto, for the zone in which such building is located;
D.
No yard or other open space provided about any building for the purpose of complying with the regulations of this title, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.
(Ord. 55 § 3.03, 1980)
In any petition for the annexation of property to the city, the petitioner shall request in his or her petition how he or she desires the property to be zoned, provided the same is annexed to the city. Copies of the petition shall at the same time be filed with the county boundaries commission and the city planning commission, and the planning commission may immediately give notice of its intention to consider the petition for annexation and for zoning the property as requested at a hearing before the planning commission. The notice shall be by one publication in a newspaper circulated in the city giving notice of its intention to recommend annexation and recommend the zoning of the property if annexation is completed. Notice shall be so given by publication at least ten (10) days prior to the hearing. Upon completion of the hearing the planning commission shall make its recommendation to the city within thirty (30) days, or the city council by resolution. The recommendation of the planning commission shall be final, unless an appeal to the city council is made within thirty (30) days, or the city council may act upon the matter without such an appeal, if done so within forty-five (45) days from the date of the recommendation. After receiving such recommendation, the city council shall by resolution, give notice of the filing of the petition, the proposal to annex, and its proposal to zone the property in a specific way, provided such annexation is completed.
The notice of zoning shall be consolidated with a notice required for annexation of property to the city, and shall comply with the law for the requirements of both notices of annexation and for zoning.
Upon the hearing of the proposal to annex and zone, in addition to the ordinance for annexation, the city council shall zone the property in the manner required by law, pursuant to its notice and upon the completion of the annexation, the zoning of the property shall automatically take effect.
(Ord. 55 § 19.00, 1980)
08 - ZONING DISTRICTS DESIGNATED
In order to classify, regulate, restrict, and segregate the uses of land and building to regulate and restrict the height and bulk of buildings; and to regulate the area of yards and other open spaces about buildings; and to regulate the density of population, six classes of land use zones are established to be known as follows:
(Ord. 64 § 1, 1985; Ord. 55 § 3.00, 1980)
The zones aforesaid and the boundaries of such zones are shown upon the map attached hereto and made a part of the ordinance codified in this title, being designated as the "zoning map," and such map and all the notations, references, and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fully described in this chapter.
(Ord. 55 § 3.01, 1980)
Where uncertainty exists as to the boundaries of any zone shown on the zoning map, the following rules shall apply:
A.
Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries;
B.
In unsubdivided property or where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map;
C.
In case any uncertainty exists, the planning commission shall determine the location of boundaries;
D.
Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley;
E.
Where any private right-of-way or easement of any railroad, railway, canal, transportation, or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned property;
F.
All property in the city not otherwise classified, and all property hereafter annexed and not zoned upon annexation, is classified as R-1 zone.
(Ord. 55 § 3.02, 1980)
Except as hereinafter provided:
A.
No building shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used, for any purpose or in any manner other than a use listed in this title or amendments thereto, as permitted in the zones to which such land, building or premises is located.
B.
No building shall be erected nor any existing building be moved, reconstructed, or structurally altered to exceed in height the limit established by this title or amendments thereto, for the zone in which such building is located.
C.
No building shall be erected nor shall any existing building be moved, altered, enlarged, or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this title or amendments thereto, for the zone in which such building is located;
D.
No yard or other open space provided about any building for the purpose of complying with the regulations of this title, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure.
(Ord. 55 § 3.03, 1980)
In any petition for the annexation of property to the city, the petitioner shall request in his or her petition how he or she desires the property to be zoned, provided the same is annexed to the city. Copies of the petition shall at the same time be filed with the county boundaries commission and the city planning commission, and the planning commission may immediately give notice of its intention to consider the petition for annexation and for zoning the property as requested at a hearing before the planning commission. The notice shall be by one publication in a newspaper circulated in the city giving notice of its intention to recommend annexation and recommend the zoning of the property if annexation is completed. Notice shall be so given by publication at least ten (10) days prior to the hearing. Upon completion of the hearing the planning commission shall make its recommendation to the city within thirty (30) days, or the city council by resolution. The recommendation of the planning commission shall be final, unless an appeal to the city council is made within thirty (30) days, or the city council may act upon the matter without such an appeal, if done so within forty-five (45) days from the date of the recommendation. After receiving such recommendation, the city council shall by resolution, give notice of the filing of the petition, the proposal to annex, and its proposal to zone the property in a specific way, provided such annexation is completed.
The notice of zoning shall be consolidated with a notice required for annexation of property to the city, and shall comply with the law for the requirements of both notices of annexation and for zoning.
Upon the hearing of the proposal to annex and zone, in addition to the ordinance for annexation, the city council shall zone the property in the manner required by law, pursuant to its notice and upon the completion of the annexation, the zoning of the property shall automatically take effect.
(Ord. 55 § 19.00, 1980)