GENERAL PROVISIONS
For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the term "building" shall include the term "structure"; the term "shall" is mandatory and not directive; the term "lot" includes the term "plot"; and the term "used for" includes the meaning "designed for" or "intended for."
(Code 1996, 153.001; Ord. No. 0002, 12-14-1995)
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the requirement that is most restrictive or that imposes the higher standards, as determined by the zoning administrator shall govern.
(Code 1996, 153.002; Ord. No. 0002, 12-14-1995)
All plans, plats or replats of land laid out into streets, alleys or other portions of the same, intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjoining the located within the corporate limits of the city or within the extraterritorial jurisdiction of the city shall be submitted to the zoning administrator for approval before any connection shall be permitted with any public utility, such as water or sewers, owned and operated by the city; provided, however, that in case of disapproved shall communicate the reason for disapproval to the city council, and thereupon, by majority vote, the city council shall have the power of overruling such disapproval. No water or sewer improvements shall be voted on or made, nor shall any public money be expended within any lands laid out in building lots, streets or alleys until the plan, plat or replat of such lands shall have been recommended by the zoning administrator and approved by the city council. Subdivisions shall be reviewed and approved by the planning and zoning commission in accordance with the subdivision ordinance of the city.
(Code 1996, 153.003; Ord. No. 0002, 12-14-1995)
This chapter is not intended to abrogate or annul:
(1)
Any permits issued before the original effective date of the ordinance from which this chapter is derived; or
(2)
Any easement, covenant or any other private agreement.
(Code 1996, 153.004; Ord. No. 0002, 12-14-1995)
(a)
By the original passage of the ordinance from which this chapter is derived, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a nonconforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is the further intent and declared purpose of this chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the original adoption of this chapter; but prosecutions and suits for such offenses, liabilities or penalties, forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.
(b)
Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two years from the date of the original passage of the ordinance from which this chapter is derived, provided such building was authorized by building permit before the original passage of said ordinance, and further provided, that construction shall have been started within 90 days of the original passage of said ordinance. Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city made prior to the original passage of the ordinance from which this chapter is derived shall be observed.
(Code 1996, 153.005; Ord. No. 0002, 12-14-1995)
That the future land use plan, on file in the office of the city secretary, is hereby adopted as the guiding document for land use and development regulations of the city.
(Ord. No. 2014-02, § 1, 2-27-2014)
Charter reference— Comprehensive plan, § 8.04.
GENERAL PROVISIONS
For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the term "building" shall include the term "structure"; the term "shall" is mandatory and not directive; the term "lot" includes the term "plot"; and the term "used for" includes the meaning "designed for" or "intended for."
(Code 1996, 153.001; Ord. No. 0002, 12-14-1995)
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the requirement that is most restrictive or that imposes the higher standards, as determined by the zoning administrator shall govern.
(Code 1996, 153.002; Ord. No. 0002, 12-14-1995)
All plans, plats or replats of land laid out into streets, alleys or other portions of the same, intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjoining the located within the corporate limits of the city or within the extraterritorial jurisdiction of the city shall be submitted to the zoning administrator for approval before any connection shall be permitted with any public utility, such as water or sewers, owned and operated by the city; provided, however, that in case of disapproved shall communicate the reason for disapproval to the city council, and thereupon, by majority vote, the city council shall have the power of overruling such disapproval. No water or sewer improvements shall be voted on or made, nor shall any public money be expended within any lands laid out in building lots, streets or alleys until the plan, plat or replat of such lands shall have been recommended by the zoning administrator and approved by the city council. Subdivisions shall be reviewed and approved by the planning and zoning commission in accordance with the subdivision ordinance of the city.
(Code 1996, 153.003; Ord. No. 0002, 12-14-1995)
This chapter is not intended to abrogate or annul:
(1)
Any permits issued before the original effective date of the ordinance from which this chapter is derived; or
(2)
Any easement, covenant or any other private agreement.
(Code 1996, 153.004; Ord. No. 0002, 12-14-1995)
(a)
By the original passage of the ordinance from which this chapter is derived, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a nonconforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is the further intent and declared purpose of this chapter that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, shall be discharged or affected by the original adoption of this chapter; but prosecutions and suits for such offenses, liabilities or penalties, forfeitures may be instituted or causes presently pending be proceeded with in all respects as if such prior ordinance had not been repealed.
(b)
Nothing in these regulations nor in any amendments hereto which change district boundaries shall require any change in the plans, construction or designated use of a building which shall be completed in its entirety within two years from the date of the original passage of the ordinance from which this chapter is derived, provided such building was authorized by building permit before the original passage of said ordinance, and further provided, that construction shall have been started within 90 days of the original passage of said ordinance. Commitments with reference to construction of public utility buildings necessary for proposed expansion of the city made prior to the original passage of the ordinance from which this chapter is derived shall be observed.
(Code 1996, 153.005; Ord. No. 0002, 12-14-1995)
That the future land use plan, on file in the office of the city secretary, is hereby adopted as the guiding document for land use and development regulations of the city.
(Ord. No. 2014-02, § 1, 2-27-2014)
Charter reference— Comprehensive plan, § 8.04.