A. To serve as a precise guide for the physical development of Cudahy;

B. To achieve the arrangement of land uses envisioned in the Cudahy General Plan;

C. To facilitate the revitalization of areas in the community that require enhancement and/or improvement;

D. To protect all areas of the community from intrusion by incompatible or harmful land uses;

E. To prevent excessive population densities and the attendant impacts related to overcrowding;

F. To ensure the provision of adequate open space for light, air circulation, and visual relief;

G. To establish reasonable standards and guidelines that promote high-quality and well-designed development, while at the same time, accommodating the processing of development applications in an expedient manner;

H. To reduce the risk of injury or exposure to hazards for persons and property;

I. To permit and promote the development of a full range of land uses in appropriate locations in accordance with the Cudahy General Plan;

J. To ensure that adequate off-street parking spaces and loading facilities in concert with their need are provided;

K. To promote a safe and efficient traffic system and to ensure that new development will not overtax the capacity of existing streets, utilities, or community facilities and services;

L. To outline a comprehensive and thorough public review process for new development;

M. To establish development regulations in an understandable and easy-to-use format; and

N. To maintain and enhance property values in the community. (Ord. 690 § 4 (Exh. A), 2018).

A. Tense. Words in the present tense include the future.

B. Singular Number. Words in the singular number include the plural.

C. Plural Number. Words in the plural number include the singular.

D. Mandatory Terms. The terms “shall,” “will,” and “must” are mandatory.

E. Gender-Neutral Terms. The term “his” is gender neutral and means his or her. (Ord. 690 § 4 (Exh. A), 2018).

A. Zoning Code. The “zoning code” establishes various classes of zoning districts (or “zones”) that govern the use of land, indicates standards for structures and improvements within the various zones, and establishes procedures for the granting of permits and entitlements.

B. Zoning Map. The “zoning map” delineates the boundaries of the zone districts as they are applicable to specific properties. (Ord. 690 § 4 (Exh. A), 2018).

A. Real Property. The regulations contained in this zoning code shall apply to all land within Cudahy, except for public streets and rights-of-way, and land owned by state or federal agencies. The geographic application of the zones contained in this zoning code to specific lots shall also be governed by the zoning map.

B. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved unless such activities have been undertaken in accordance with the provisions of this zoning code.

C. Remedies. Nothing stated in this zoning code shall relieve the conviction and punishment of any person found to be in violation of this zoning code.

D. Public Nuisance. Neither the provisions of this zoning code, nor the approval of any permit authorized by this zoning code, shall authorize the maintenance of any public nuisance.

E. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed under the zoning code shall be deemed sufficient notice to allow the city of Cudahy to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed, posted, delivered, or published notice.

F. Conflict with Other Regulations. Where conflict occurs between the provisions of this zoning code and any other city of Cudahy code or regulation, the more restrictive provision shall be applicable unless otherwise specified in this zoning code.

G. Relation to Private Agreements. The implementation of any provision of this zoning code shall not interfere with, or annul, any easement, covenant, or other agreement now in effect, unless this zoning code imposes greater restrictions than those imposed by an easement, covenant, or agreement.

H. Relation to Prior Ordinances. The provisions of this zoning code supersede all prior ordinances of the city of Cudahy related to zoning, except that no provision of this title shall validate or legalize any land use or structure established, constructed, or maintained in violation of the prior zoning code, as amended, unless specifically authorized by this title.

I. New Land Uses or Structures, Changes to Land Uses or Structures. Compliance with the requirements of this zoning code is necessary for any person or entity to lawfully establish, construct, reconstruct, alter, or replace any land use, structure, or improvement.

J. Continuation of an Existing Land Use. All land uses permitted under variances and conditional use permits or special use permits issued by the city shall remain in effect under this zoning code. These uses shall be subject to the provisions relative to the issuance, revocation, or expiration of applicable variances or conditional/special use permits as established in this title.

K. Continuation of Existing Nonconforming Uses. Existing buildings, improvements, or uses that were in violation of the former zoning regulations of the city, though judged as legal nonconforming uses, shall be deemed to have acquired a legal nonconforming status through the adoption of this zoning code.

L. Effect of Zoning Ordinance Changes on Projects in Progress. If, as of the effective date of these regulations, legislative or administrative action is in process pursuant to the provisions of the former zoning regulations of the city, such action shall be deemed to have been taken pursuant to the provisions of this zoning code. Any such actions shall be processed in accordance with the provisions herein.

M. Other Requirements May Still Apply. Nothing in this zoning code eliminates the need for obtaining any permit, approval, or entitlement required by other provisions of the zoning code or complying with the regulations of any city department, or any county, regional, state, or federal agency.

N. Conflicting Requirements. Any conflicts between different requirements of this zoning code, or between this zoning code and other regulations, shall be resolved in compliance with this section.

O. Minimum Requirements. The regulations contained in the zoning code shall be deemed to represent the minimum requirements necessary for the promotion of the public health, safety, interest, and welfare, unless another applicable specific regulation clearly indicates otherwise.

P. Reference to Other Laws. Whenever reference is made herein to other provisions of this zoning code or other laws and regulations, that reference shall be deemed to apply to all subsequent amendments to the zoning code.

Q. Application during Local Emergency. The city council may authorize deviations from any provisions of this title during a local emergency. Such deviations may be authorized by resolution of the city council without notice or public hearing.

R. Land Uses Not Identified in the Zoning Code. This zoning code includes provisions for the consideration and review of land uses and activities not specifically identified as permitted, conditionally permitted, or prohibited in Chapters 20.52 and 20.56 CMC.

S. Severability. If any section, sentence, or phrase of this title is for any reason held to be invalid or unconstitutional, the remaining portions of this zoning code shall not be affected. (Ord. 690 § 4 (Exh. A), 2018).

A. In the interpretation and application of the zoning code, the provisions of the zoning code shall be held to be minimum requirements. No provision of the zoning code is intended to repeal, abrogate, annul, impair, or interfere with any existing city ordinance and/or regulation, except for those specifically repealed with the adoption of this zoning code. However, where this zoning code imposes greater restrictions, the corresponding regulation imposed or required by an existing law shall apply.

B. Where uncertainty exists regarding the interpretation of any provision of this zoning code or its application to a specific case or situation, the director of community development shall have the authority to interpret the intent of any provision by written decision. Thereafter, the director of community development’s interpretation shall apply in all similar situations, unless modified by the planning commission or city council on appeal. (Ord. 690 § 4 (Exh. A), 2018).