Beachwood City Zoning Code
§ 17-22.3
Rules for Interpretation of District Boundaries.
[Ord. #1/6/78, A XX, § 3]
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
a.
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines, unless such zone boundary lines are fixed by dimensions shown on the Official Zoning Map.
b.
Boundaries indicated as approximately following platted lot lines and where they do not scale more than ten (10') feet distance therefrom shall be construed as following such lot lines; unless specifically shown otherwise.
c.
In subdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
d.
Boundaries indicated as approximately following Municipality limits shall be construed as following Municipal limits.
e.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
f.
Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line, boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.
g.
Boundaries indicated as parallel to or extensions of features indicated in paragraphs a through f above, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. Lands falling within the area generally known as "Riparian Rights" territory shall be governed by and shall be included within the straight line extension of the zone boundaries of the zone district to which the riparian right areas are adjoined.
h.
Where a zoning lot is located in part in one (1) zoning district and in part in another zoning district the entire zoning lot or portion thereof located in the neighboring zone may be used for a purpose permitted in either zone upon application for a conditional use permit and upon determining by the Planning Board that the following standards and conditions are met:
1.
The use contemplated can best be established by utilizing the portion of the zoning lot in the neighboring zone district without materially affecting the adjoining areas.
2.
The site plan shall be appropriate to the adjoining area.
3.
A set of plans, specifications and plot plans shall be filed in triplicate with the Planning Board showing overall dimensions, topographical conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to the streets and adjacent property and other physical features which might act as a deterrent to the general welfare.
i.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by paragraphs a through above, the Board of Adjustment shall interpret the district boundaries.