Colby City Zoning Code
ARTICLE II
General Provisions
§ 480-9 Jurisdiction and general provisions.
A.
Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the City of Colby. The provisions of this chapter shall be held to be the minimum requirements for carrying out the intent and purpose of this chapter.
B.
Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
C.
District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
D.
Yard reduction or joint use.
(1)
No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
(2)
No yard or other open space allocated to a structure or parcel of land shall be used to satisfy yard, other open spaces or minimum lot area requirements for any other structure or parcel.
E.
Lots abutting more restrictive district. Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district boundary line.
F.
Relationship with other laws. Where the conditions imposed by any part of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other laws, ordinances, resolutions, rules or regulations of any kind, the regulations which are more restrictive (or impose higher standards or requirements) shall be enforced.
§ 480-10 Use regulations.
Only the following uses and their essential services may be allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses, specified for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted in any district, but not until their principal structure is present or under construction.
C.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval in accordance with Article IV of this chapter, except those existent at time of adoption of this chapter.
(2)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval in accordance with Article IV of this chapter.
(3)
Conditional uses authorized by the Planning Committee shall be established for a period of time to a time certain or until a future happening or event, at which the same shall terminate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Conditional uses authorized by the Planning Committee shall not be subject to substitution with other conditional uses, either regular or limited, whether of a similar type or not, without Planning Committee approval and the procedures required in Article IV of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in § 480-14 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Zoning Board of Appeals for determination, following a recommendation from the Planning Committee, in accordance with the following procedure:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Application. Application for determination for classification of an unlisted use shall be made in writing to the Zoning Administrator and shall include a detailed description of the proposed use and such other information as may be required by the Zoning Board of Appeals to facilitate the determination.
(2)
Investigation. The Zoning Board of Appeals shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and to recommend its classification.
(3)
Determination. The determination of the Zoning Board of Appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Zoning Board of Appeals shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in § 480-14.
(4)
Effective date of determination. At the time of this determination of the classification of the unlisted use by the Zoning Board of Appeals, the classification of the unlisted use shall become effective.
§ 480-11 Site regulations.
A.
Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 30 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.
B.
Principal structures. All principal structures shall be located on a lot. Except in the case of planned unit developments, not more than one principal building or use and its accessory buildings or uses may be located on a lot. The Common Council may permit as a planned unit development more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Common Council may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.
C.
Dedicated street. All lots shall abut a public street or approved private road or way which is constructed to applicable standards. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.
D.
Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.[1]
E.
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Common Council, upon the recommendation of the Planning Committee, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F.
Decks. For purposes of this chapter, decks, porches and fireplace chases shall be considered a part of a building or structure.
G.
Vacated streets. Whenever any street, alley, easement or public way is vacated by official action, the zoning district abutting the center line of the vacated area shall not be affected by such proceeding.
H.
Obstruction of unplatted lands. All buildings hereafter erected upon unplatted land shall be so placed that they will not obstruct proper street extensions or other features of proper subdivision and land platting.
I.
Dwelling units. No cellar, basement or unfinished home, garage, tent, recreational vehicle, trailer or accessory building shall, at any time, be used as a dwelling unit. Basements shall not be used as dwelling units, except where specifically designed for such use through proper damp-proofing, fire-protecting walls and other requirements as may be imposed by the building and housing codes.
J.
Temporary uses. Temporary uses, such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the Zoning Administrator. The Zoning Administrator may impose conditions on such temporary uses.
K.
Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the Board of Appeals after the Planning Committee has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
L.
Screening regulations. Any use required by this chapter to be screened in accordance with this section shall be confined within an opaque fence or wall eight feet high or a visual screen consisting of evergreen or evergreen-type hedges or shrubs, spaced at intervals of not more than six feet, located and maintained in good condition or in any way out of view of the public.
§ 480-12 Modifications.
A.
Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
(1)
Architectural structures. Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.
(2)
Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lots, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations and smoke stacks, are exempt from the height limitations of this chapter.
(3)
Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.
(4)
Communication structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line.
(5)
Public or semipublic facilities. Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, government offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
B.
Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(1)
Agricultural projections. Chimneys, flues, sills, eaves, belt courses, ornaments, etc., may project into any required yard, but such projection shall not exceed two feet.
(2)
Essential services, utilities, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
(3)
Landscaping and vegetation are exempt from the yard requirements of this chapter.
C.
Average building setbacks. In Residential and Business Districts, except for corner lots, required setbacks shall be modified in the following cases:
(1)
Average front yards. The required front yards may be decreased in any residential or business district to the average of the existing street yards of the abutting principal structures on each side. Where 50% or more of the frontage on a block is occupied by principal structures having setbacks less than those required by this chapter, setbacks on each remaining lot shall be determined in accordance with the following rule. The front building line of a proposed structure shall be no nearer the front lot line than a line joining adjacent front corners of the nearest principal structures which are in the same block frontage on either side of the proposed structure. If, on a block frontage, no principal structure exists to one side of a proposed structure, a structure may be assumed to exist on the corner lot which conforms to the minimum setback and side yard width requirements of this chapter.
(2)
Additions. Additions in the front yard of existing structures shall not project beyond the average of the existing front yards on the abutting lots or parcels.
D.
Corner side yards. The required side yard on the street side of corner lots shall be at least 50% greater than the minimum specified for the district.
§ 480-13 Required setback from navigable waters.
In addition to all other setback requirements set forth in the Zoning Code of the City of Colby, there shall be at least a fifty-foot setback requirement from the high-water mark of any navigable water unless those building and improvements are to be located on property annexed by the City of Colby after May 7, 1982. Property annexed after May 7, 1982, shall be subject to such setback rules as are in effect and as are enforced by the appropriate regulating authority.[1]