ZONING DISTRICTS AND ZONING MAP
The zoning map of the city, which together with all explanatory matters, is hereby adopted by reference and declared to be a part of this chapter.
Regardless of the existence of purported copies of the zoning map which may from time-to-time be made or published, the zoning map, which shall be located in the office of the city clerk, shall be the final authority as to the current status of zoning of land areas, buildings and other structures in the city.
In the event that the zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may, by resolution, adopt a replacement zoning map. The replacement zoning map may correct drafting or other errors or omissions in the prior zoning map, but no such corrections shall have the effect of amending the original zoning map or any subsequent amendment thereof.
Unless the prior zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
(Ord. No. 279, § 8.00, 12-12-96)
The city shall be and is hereby divided into the following classifications of land use districts.
(1)
Residential and recreation districts.
a.
RL — Residential low density one-family district.
b.
RM — Residential medium density one-family district.
c.
RH — Residential high density multiple-family district.
d.
REC — Recreation district.
(2)
Office and commercial districts.
a.
OS — Office service district.
b.
CN — Commercial neighborhood district.
c.
CBD — Community business district.
d.
CG — Commercial general district.
(3)
Industrial districts.
a.
OR — Office research district.
b.
IR — Industrial restricted district.
c.
IC — Industrial controlled district.
(4)
Planned unit development districts.
a.
P — PUD overlay district.
(Ord. No. 279, § 8.01, 12-12-96)
Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:
(1)
Unless shown otherwise, the boundaries of the districts are lot lines; the centerlines of streets, alleys, roads, streams and drains or such lines extended; railroad right-of-way lines; and the city limits. Dimensions shown are to the center of the adjacent road or street.
(2)
Where a district boundary divides a site, the location of any such boundary, unless the same is indicated by dimensions shown on the said map, shall be determined by the use of the map scale shown thereon.
(3)
Sites in two (2) or more zoning districts. Where a zoning district boundary line divides a lot into two (2) or more zoning classifications, the regulation and restrictions of the least restrictive classification shall apply to the entire lot if (1) the lot was of record under single ownership used for permitted use at the time of the enactment of the chapter, and (2) the more restricted portion of the lot is entirely within twenty-five (25) feet of such dividing district boundary line.
(4)
Where there is uncertainty or contradiction as to the location of any zoning district boundary due to the scale, lack of detail or illegibility of the zoning map, the zoning board of appeals, upon written application or upon its own motion, may determine the exact location of the zoning district boundary line.
a.
The district boundaries, as set forth in this section, shall first be considered with reference to the standards cited in section 32-113 above.
b.
If, after the application of the foregoing standards, uncertainty, contradiction or dispute remains as to the exact location of a district boundary, the zoning board of appeals shall determine and fix the location of said boundary line as all of the facts and circumstances shall reasonably require.
(Ord. No. 279, § 8.02, 12-12-96)
(a)
No structure or land shall be used, occupied, erected, constructed, move or altered, except in conformity with the regulations specified for that zoning district. Unless a use is permitted in a particular zoning district, it shall be prohibited in that zoning district.
(b)
Except as otherwise provided, regulations governing land and building use, minimum lot size, lot area per dwelling unit, building height, building placement, required yards and other pertinent factors are hereby established as stated in the detailed provisions for each of the zoning districts. In each zoning district, a "permitted use" shall be a use of land or buildings subject to the minimum requirements specified for such use in the zoning district in which such use is located, plus applicable requirements found elsewhere in this chapter. A special land use shall be a use of land or buildings which may be permitted in that district only after following special procedures designed to ensure site and use compatibility with existing or proposed surrounding land uses. In evaluating and deciding each application for such permission, the planning commission shall apply the standards contained in Article XII of this chapter and any special conditions imposed for that use.
(c)
Reasonable conditions may be required with the approval of a special land use, planned unit development, or other land uses or permitted activities necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Such conditions imposed shall meet all of the following requirements:
(1)
Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the land use or activity under construction, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
(2)
Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
(3)
Be necessary to meet the intent and purpose of this chapter; be related to the standards established in the chapter for the land use or activity under consideration; and be necessary to ensure compliance with those standards.
The conditions imposed with respect to the approval of a land use or activity shall be recorded in the minutes of the approval action. The city clerk shall maintain a record of conditions and any amendments thereto.
(Ord. No. 279, § 8.03, 12-12-96)
ZONING DISTRICTS AND ZONING MAP
The zoning map of the city, which together with all explanatory matters, is hereby adopted by reference and declared to be a part of this chapter.
Regardless of the existence of purported copies of the zoning map which may from time-to-time be made or published, the zoning map, which shall be located in the office of the city clerk, shall be the final authority as to the current status of zoning of land areas, buildings and other structures in the city.
In the event that the zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may, by resolution, adopt a replacement zoning map. The replacement zoning map may correct drafting or other errors or omissions in the prior zoning map, but no such corrections shall have the effect of amending the original zoning map or any subsequent amendment thereof.
Unless the prior zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
(Ord. No. 279, § 8.00, 12-12-96)
The city shall be and is hereby divided into the following classifications of land use districts.
(1)
Residential and recreation districts.
a.
RL — Residential low density one-family district.
b.
RM — Residential medium density one-family district.
c.
RH — Residential high density multiple-family district.
d.
REC — Recreation district.
(2)
Office and commercial districts.
a.
OS — Office service district.
b.
CN — Commercial neighborhood district.
c.
CBD — Community business district.
d.
CG — Commercial general district.
(3)
Industrial districts.
a.
OR — Office research district.
b.
IR — Industrial restricted district.
c.
IC — Industrial controlled district.
(4)
Planned unit development districts.
a.
P — PUD overlay district.
(Ord. No. 279, § 8.01, 12-12-96)
Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map, the following rules shall apply:
(1)
Unless shown otherwise, the boundaries of the districts are lot lines; the centerlines of streets, alleys, roads, streams and drains or such lines extended; railroad right-of-way lines; and the city limits. Dimensions shown are to the center of the adjacent road or street.
(2)
Where a district boundary divides a site, the location of any such boundary, unless the same is indicated by dimensions shown on the said map, shall be determined by the use of the map scale shown thereon.
(3)
Sites in two (2) or more zoning districts. Where a zoning district boundary line divides a lot into two (2) or more zoning classifications, the regulation and restrictions of the least restrictive classification shall apply to the entire lot if (1) the lot was of record under single ownership used for permitted use at the time of the enactment of the chapter, and (2) the more restricted portion of the lot is entirely within twenty-five (25) feet of such dividing district boundary line.
(4)
Where there is uncertainty or contradiction as to the location of any zoning district boundary due to the scale, lack of detail or illegibility of the zoning map, the zoning board of appeals, upon written application or upon its own motion, may determine the exact location of the zoning district boundary line.
a.
The district boundaries, as set forth in this section, shall first be considered with reference to the standards cited in section 32-113 above.
b.
If, after the application of the foregoing standards, uncertainty, contradiction or dispute remains as to the exact location of a district boundary, the zoning board of appeals shall determine and fix the location of said boundary line as all of the facts and circumstances shall reasonably require.
(Ord. No. 279, § 8.02, 12-12-96)
(a)
No structure or land shall be used, occupied, erected, constructed, move or altered, except in conformity with the regulations specified for that zoning district. Unless a use is permitted in a particular zoning district, it shall be prohibited in that zoning district.
(b)
Except as otherwise provided, regulations governing land and building use, minimum lot size, lot area per dwelling unit, building height, building placement, required yards and other pertinent factors are hereby established as stated in the detailed provisions for each of the zoning districts. In each zoning district, a "permitted use" shall be a use of land or buildings subject to the minimum requirements specified for such use in the zoning district in which such use is located, plus applicable requirements found elsewhere in this chapter. A special land use shall be a use of land or buildings which may be permitted in that district only after following special procedures designed to ensure site and use compatibility with existing or proposed surrounding land uses. In evaluating and deciding each application for such permission, the planning commission shall apply the standards contained in Article XII of this chapter and any special conditions imposed for that use.
(c)
Reasonable conditions may be required with the approval of a special land use, planned unit development, or other land uses or permitted activities necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Such conditions imposed shall meet all of the following requirements:
(1)
Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will use the land use or activity under construction, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
(2)
Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
(3)
Be necessary to meet the intent and purpose of this chapter; be related to the standards established in the chapter for the land use or activity under consideration; and be necessary to ensure compliance with those standards.
The conditions imposed with respect to the approval of a land use or activity shall be recorded in the minutes of the approval action. The city clerk shall maintain a record of conditions and any amendments thereto.
(Ord. No. 279, § 8.03, 12-12-96)