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Emerson City Zoning Code

ARTICLE III

APPLICATION OF DISTRICT REGULATIONS

Sec. 8.31.- Rules governing interpretation.

Where uncertainty exists as to boundaries of any district shown on said map, the following rules shall apply:

A.

Where boundaries are indicated as approximately following the center line right-of-way of streets and alleys, land lot lines, militia district lines or lot lines, such lines shall be construed to be such boundaries.

B.

Where a district boundary divides a lot, the location of such boundaries, unless same are indicated by dimensions, shall be determined by use of the scale appearing on such maps. Split zoned properties shall no longer be permitted; however, those existing on the date of adoption of this ordinance shall be allowed to continue as a nonconforming use. Property owners may request the city rezone the entire property to one of the existing zonings or subdivide the property along the district boundary provided all lot standards are achieved for each newly created lot.

C.

Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the city council may permit the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

Sec. 8.32. - Uniformity and compliance.

The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and specifically, except as hereinafter provided.

Sec. 8.33. - Compliance with district regulations.

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

Sec. 8.34. - Lots reduced below requirements.

No lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein unless such lot is under threat of condemnation by an entity possessing legal authority to condemn then said lot shall be allowed to be reduced in dimension or area. Lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

Sec. 8.35. - Annexed territory.

All territory, which may hereafter be annexed into the city, shall be classified as per the procedures outlined in this Code.

Sec. 8.36. - Conditional use permit necessary.

Any person requesting a special exception from those permitted uses listed under any zoning district must comply with those regulations set forth in [this] Code.