The ordinance codified in this title shall be known, cited, and referred to as the city zoning ordinance.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.05.100)

Any word or phrase contained within this chapter followed by the symbol "[SR]" shall be subject to the definitions and the additional interpretive requirements provided in chapter 19.90. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.05.200)

The ordinance codified in this title is passed for the following purposes:

A.

Promoting the public health, safety, comfort, morals, convenience, and general welfare.

B.

Securing adequate light, pure air, and safety from fire and other dangers.

C.

Conserving the taxable value of land and structures throughout the city.

D.

Dividing the entire city into districts, and restricting and regulating therein the location, construction, reconstruction, alteration, and use of land and structures, whether for residence, community facility, business, industrial, or other specified uses.

E.

Avoiding or minimizing congestion in the public streets.

F.

Preventing the overcrowding of land through regulating and limiting the height and bulk of structures hereafter erected.

G.

Establishing, regulating and limiting the building or setback lines on or along streets, alleys or property lines.

H.

Regulating and limiting the intensity of the use of lot areas and regulating and determining the area of open spaces within and surrounding buildings.

I.

Establishing standards to which buildings or structures therein shall conform.

J.

Prohibiting uses, buildings, or structures incompatible with the character of the preservation, conservation, residence, community facility, business, and industrial zoning districts.

K.

Preventing additions to, and alterations or remodeling of existing buildings or structures in such a manner as to avoid the restrictions and limitations imposed hereunder.

L.

Providing for the gradual elimination of those uses, buildings, and structures which are incompatible with the character of the districts in which they are located.

M.

Providing for the acquisition by purchase, condemnation, or otherwise of any buildings or structures which do not conform to the standards fixed by the city.

N.

Defining and limiting the powers and duties of the administrative officers and bodies as provided hereinafter.

O.

Prescribing penalties for the violation of the provisions of this title, or any subsequent amendment hereto.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.05.300)

A.

Effective date. The effective date of this title is August 2, 1992.

B.

Jurisdiction. The provisions of this title, or any subsequent amendment hereto, shall apply to all land, buildings [SR], and structures [SR]; and their uses [SR] within the city.

C.

General application. After the effective date of the ordinance from which this title is derived, or after any subsequent amendment hereto, all land, buildings, and structures, and their uses, established, parceled, divided, erected, maintained, remodeled, altered, repaired, or relocated shall be subject to the provisions of this title. All land, buildings, and structures, and their uses, which were lawfully established prior to the effective date of the ordinance from which this title is derived, or any subsequent amendment hereto; and which do not comply with all of the provisions of this title shall be subject to the provisions of chapter 19.52.

D.

Minimum requirements. The application of the provisions of this title shall be considered the minimum requirements for the promotion of the public health, safety, morals and welfare.

E.

Other laws and regulations. The provisions of this title shall govern over less restrictive statutes, laws, ordinances, regulations, resolutions, and rules of any kind.

F.

Private agreements. No provision of this title shall abrogate any easement, covenant or other private agreement, subject to the provision that where the regulations of this title are more restrictive than such easement, covenant, or other private agreement, the provisions of this title shall govern.

G.

Reserved.

H.

Word usage. The following rules of word usage shall apply to the text of this title:

1.

The particular shall control the general.

2.

Words used or defined in one (1) tense or form shall include other tenses or derivative forms.

3.

The term "shall" is always mandatory and not discretionary. The term "may" is permissive.

4.

The term "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

5.

The terms "building" and "structure" include any part thereof.

6.

The phrase "used for" includes "arranged for," "designed for," "maintained for" or "occupied for."

7.

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either...or," the conjunction shall be interpreted as follows:

a.

The conjunction "and" shall indicate that all the connected items, conditions, provisions, or events shall apply.

b.

The conjunction "or" shall indicate that the connected items, conditions, provisions, or events may apply singly or in any combination.

c.

The conjunction "either...or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination.

8.

In case of any difference of meaning or implication between the text of this title and any caption, illustration, summary table, or illustrative table, the text shall control.

9.

Words not defined within this title shall be interpreted in accordance with the definitions contained within the most recently revised Webster's Dictionary.

I.

Measured distances. All measured distances shall be along a straight line, shall be expressed in feet, and shall be to the nearest integral foot.

J.

Fractional remainders. When a regulation in this title requiring a calculation results in a fractional remainder, any fraction of less than one-half (½) may be disregarded, while fraction of one-half (½) or more shall be counted as the next integral unit, unless specifically provided for otherwise.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.05.400)

The following rules shall govern the transition from the provisions of the former zoning ordinance to the provisions of this title or to the provisions of any subsequent amendment hereto:

A.

Existing unlawful uses and structures. Where a land use [SR] or structure [SR] has not been established lawfully prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, such use or structure is hereby deemed lawful, provided that it complies with all of the provisions of this title. However, if such use or structure does not conform to all of the provisions of this title, such use or structure remains unlawful hereunder.

B.

Permitted uses rendered conditional. Where a property is used for a purpose which was classified as a permitted use [SR] in the zoning district in which it was located prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, and such use is classified by this title as a conditional use [SR] in the zoning district in which it is located, such use is hereby deemed a lawful existing conditional use, subject to the provisions of subsection D of this section.

C.

Existing conditional uses. Where a property has become a lawful conditional use pursuant to subsection B of this section, or where a property has been granted a conditional use prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, such use shall be considered a lawful conditional use if the use is classified by this title as a conditional use in the zoning district in which it is located.

If the passage of the ordinance granting such conditional use was subject to one (1) or more conditions, those conditions shall remain in full force and effect, as may be amended from time to time, subject to the provisions of chapter 19.65.

All conditional uses shall be subject to the provision that they shall expire if not established within one (1) year from the date of passage of the ordinance granting the conditional use. No conditional use shall be reestablished subsequent to abandonment through a discontinuation of use for three hundred sixty-five (365) consecutive days, regardless of any reservation of an intent to reestablish such conditional use.

D.

Changes to existing conditional uses. Where a property has been granted a conditional use prior to the effective date of the ordinance from which this title is derived, or where a property has been granted a conditional use pursuant to the provisions of this title, a change to such conditional use shall be allowed, provided that the desired change was explicitly approved in the ordinance passed granting the conditional use. Any other change to such an existing conditional use shall be subject to the provisions of chapter 19.60 or 19.65, as applicable. However, changes involving accessory [SR] structures [SR] may be made to existing conditional uses, subject to the site design regulations of the zoning district in which it is located, and provided that there is no change to the function, operation, or traffic characteristics of the existing conditional use.

Any change in a lawful conditional use to a new use shall be permitted only if this title classifies the new use as a permitted use or conditional use in the zoning district in which it is located and only in compliance with the provisions of this title.

All conditional uses shall be subject to the provision that they shall expire if not established within one (1) year from the date of passage of the ordinance granting the conditional use. A conditional use shall not be reestablished subsequent to abandonment through a discontinuation of use for three hundred sixty-five (365) consecutive days, regardless of any reservation of an intent to reestablish such conditional use.

E.

Existing planned developments.

1.

With a conditional use. Where a property has been granted a conditional use for a planned unit development prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, such use shall be considered a lawful planned development [SR] in the planned zoning district in which it is located, or such use shall be considered a lawful conditional use for a planned development in the zoning district in which it is located, as is applicable.

If the ordinance passed granting such a conditional use for a planned unit development was subject to one (1) or more conditions, such conditions shall remain in full force and effect, as may be amended from time to time, subject to the provisions of chapter 19.60.

No change to an existing planned development shall be allowed unless the desired change was explicitly approved in the ordinance passed granting the conditional use for a planned development. Any other change to an existing planned development shall be subject to the provisions of chapter 19.60.

2.

Without a conditional use. Where a property has not been granted a conditional use for a planned unit development prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, and where such property has been mapped within a planned zoning district through the passage of this title, or through any subsequent amendment hereto, such property shall be considered a lawful planned development in the planned zoning district in which it is located, subject to the provisions of chapter 19.60.

If an annexation agreement has been executed by the city for such planned development and such agreement regulates the use and development of the property, such regulations shall remain in full force and effect, as may be amended from time to time, as provided by law and subject to the provisions of chapter 19.60.

No change to such a planned development shall be allowed unless the desired change was explicitly approved in the ordinance passed granting the conditional use for a planned development. Any other change to an existing planned development shall be subject to the provisions of chapter 19.60.

F.

Completion of existing planned developments.

1.

With a conditional use. Where a property has been granted a conditional use for a planned unit development prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, such planned development shall be allowed to be completed, provided that such completion was explicitly approved in the ordinance passed granting the conditional use for the planned unit development, and provided that construction is being diligently pursued to completion. Any change to such an existing planned development shall be subject to the provisions of chapter 19.60.

2.

Without a conditional use. Where a property has not been granted a conditional use for a planned unit development prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, and where such property has been mapped within a planned zoning district through the passage of this title, or through any subsequent amendment hereto, such planned development shall be allowed to be completed, provided that an annexation agreement has been executed by the city for such property and such agreement regulates the use and development of the property, provided that such completion was explicitly approved in such agreement, and provided that construction is being diligently pursued to completion. Any change to such an existing planned development shall be subject to the provisions of chapter 19.60.

G.

Uses rendered nonconforming. Where a property is used for a purpose which was a lawful use prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, and this title no longer classifies such use as either a permitted use or conditional use in the zoning district in which it is located, such use is hereby rendered a nonconforming use and shall be subject to the provisions of chapter 19.52.

H.

Structures rendered nonconforming. Where a property is improved with a structure that was lawfully constructed prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, and such structure does not conform to all of the provisions of this title, such structure is hereby rendered a nonconforming structure [SR] and shall be subject to the provisions of chapter 19.52.

I.

Previously issued certificates of occupancy. Where a certificate of occupancy has been issued in compliance with all of the provisions of this Code in effect prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, and when the use has been established within six (6) months of the date of issuance of such certificate, the applicable land or structure may be occupied by the originally and explicitly designated use on the basis of which the certificate of occupancy was issued. Such uses rendered nonconforming by the provisions of this title shall be subject to the provisions of chapter 19.52. No other subsection in this section shall limit the provisions of this subsection.

J.

Previously issued construction permits. Where a construction permit for a structure has been issued in compliance with all of the provisions of this Code in effect prior to the effective date of the ordinance from which this title is derived, or prior to any subsequent amendment hereto, and when construction has begun within six (6) months of the date of issuance of such permit, and provided that construction is being diligently pursued to completion, the structure may be completed in accordance with the approved plans on the basis of which the construction permit was issued.

On completion, such structure may be occupied under a certificate of occupancy for the use originally and explicitly designated. Uses and structures rendered nonconforming by the provisions of this title shall be subject to the provisions of chapter 19.52. No other subsection in this section shall limit the provisions of this subsection.

K.

Previously granted variations. Variations granted prior to the effective date of the ordinance from which this title is derived shall remain in full force and effect.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.05.500)

Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this chapter may be appealed subject to the provisions of chapter 19.75.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.05.600)