No person shall cause or allow land use within the municipal boundaries or territorial jurisdiction of the city of Eureka Springs except in full compliance with these zoning district regulations. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other ordinances, the more restrictive standard shall apply. The city council has the authority to determine that the city's zoning regulations require amendment from time to time. No vested rights shall be created by the city's land regulations.

(Ord. No. 1816, 11-2-2000)

A.

The city is divided into zones, or districts, along with explanatory information as shown on the official zoning map and in this chapter. This official zoning map is hereby adopted by reference and declared to be a part of this chapter.

The official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal of the city of Eureka Springs under the following words:

"This is to certify that this is the official Zoning Map referred to in Section 2 of Ord. No. 1816 of the city of Eureka Springs, together with the date of the adoption of this ordinance."

When the official zoning map is amended in accordance with this chapter and Arkansas Act 186 of 1957, as amended, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council, with an entry on the official zoning map as follows:

Ordinance Number, Ordinance Date, Map Amendment Date

No amendment to this chapter which involves matter portrayed on the official zoning map shall become effective until after such change has been made on said map.

Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided in this chapter. The official zoning map which shall be located in the office of the mayor shall be the final authority as to the current zoning status of land and water areas, building, and other structures in the city; however ordinances which specifically amend any portion of a zoning district boundary shall have precedence over the zoning map until the zoning map has been conformed to the ordinance so amending it.

B.

A new official zoning map may be adopted by ordinance when initiated by the city council or planning commission. Following a public hearing, the planning commission shall recommend a proposed new zoning map to the city council. The city council may by ordinance adopt the recommended zoning map submitted by the planning commission or may return the proposed map to the planning commission for further study and recommendation. The new official zoning map shall be identified by the signature of the mayor attended by the city clerk, and bearing the seal of the city under the following words:

"This is to certify that this official zoning map supersedes and replaces the official Zoning Map adopted (date of adoption of map being replaced) as part of Ord. No. 1816 of the city of Eureka Springs."

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant remaining parts, shall be preserved, together with all available records pertaining to its adoption or amendment, and shall be used for historical information purposes only.

(Ord. No. 1816, § 114-2-1-2, 11-2-2000)

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.

B.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C.

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

D.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

E.

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.

F.

Boundaries indicated as parallel to or extensions of features indicated above shall be so construed. Distances not specifically indicated on the official Zoning Map (a—e) shall be determined by the scale of the map.

G.

Where physical or cultural features existing on the ground are different than those shown on the official Zoning Map, or in other circumstances not covered above, the planning commission shall interpret the district boundaries.

H.

Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance (Nov. 2, 2000) the city may permit the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

I.

Where any uncertainty exists as to the interpretation of these rules, the mayor, or that person designated by the mayor for such purpose, shall interpret their application, subject to appeal to the planning commission.

(Ord. No. 1816, § 114-3-1, 11-2-2000)