Johnson City City Zoning Code
Division 1
Generally
§ 14.02.001 Adoption; purpose.
(a)
Zoning required.
No land or structure can be used or arranged for any purpose or manner other than that permitted as a use in a particular Zoning District. A new building or structure shall not be erected, nor shall an existing building or structure be moved, altered, added to, or enlarged, except as permitted under this article.
(b)
Uses allowed.
A use not permitted in the Schedule of Uses for a particular Zoning District, or not permitted as a specific use, as provided in this article, is prohibited.
§ 14.02.002 Interpretation.
This article shall be the minimum requirements for the zoning of land tracts in the City. These regulations shall be construed broadly to promote the purposes for which they are adopted.
§ 14.02.003 Official zoning map.
(a)
Official map.
The official Zoning Map of the City of Johnson City may be amended and corrected from time-to-time by the City Council. The City Secretary shall keep the official Zoning Map among the permanent records of the City, and the Zoning Map shall be available for inspection and review during regular business hours.
(b)
Interpretation of district boundaries.
Where uncertainty exists as to the boundaries of Zoning and Overlay, if any, Districts, as shown on the Official Zoning Map, the following shall apply:
(1)
Where Zoning District boundaries of the City appear to follow streets, alleys, railroads, or highways, such boundaries shall be construed as the centerlines of those streets, alleys, railroads, or highways.
(2)
Where Zoning District boundaries appear to follow lines of lots or parcels of record, such lot or parcel lines shall be construed to be such boundary.
(3)
Where a Zoning District divides a parcel of land, the location of such boundary shall be determined using the Zoning Map scale, as measured to the nearest foot, unless such line can be more accurately determined by geometric or land surveying computations.
(4)
Where Zoning District boundaries are indicated as approximately following City boundaries, such boundaries shall be construed to be the District boundaries.
(5)
Where Zoning District boundaries are indicated as approximately following a creek, stream, or marsh, the centerline of the creek, stream, or marsh shall be construed to be the District boundary.
(6)
All areas of the City which are under water are within a Zoning District and controlled by applicable District regulations.
(c)
Zoning map changes.
All zoning changes after the effective date of this article shall be reflected on the Official Zoning Map, fully incorporated herein, which may be a digital map maintained in a Geographic Information System, upon amendment. Annotations shall indicate:
(1)
The date of the zoning change;
(2)
The number of the ordinance or resolution, if any, by which the change was made; and
(3)
A reference to the minute, ordinance, or resolution records in which the ordinance or resolution is recorded in full.
§ 14.02.004 Schedule of uses.
(a)
Schedule of uses.
The City Council hereby approves and adopts the Schedule of Uses Chart, attached by reference hereto and fully incorporated herein as section 14.02.331 and marked and labeled "Schedule of Uses," attached to this article.
(b)
Purpose.
The purpose of this Schedule of Uses Chart is to list the types of land uses permitted and allowed within each of the Zoning Districts outlined in this article. A building or land shall not be used, and a building shall not be erected, except for the use specified in the Schedule of Uses Chart.
(c)
Legend.
Land and/or a building in a Zoning District may be used for the purpose denoted by the following abbreviations:
(1)
✓: A permitted use by right; land and/or buildings in this District may be used by right.
(2)
CUP: A use may be authorized through a conditional use permit; land and/or buildings in this District are subject to review and permitting in accordance with this article.
(3)
Blank: Use not permitted; a blank cell indicates that a use is not permitted within that particular Zoning District.
§ 14.02.005 Violation; enforcement.
(a)
Violation declared.
It shall be unlawful for any person to violate any term or provision of this article. Violation of any provision of this article, which provision is intended for the protection of the public health, safety, or general welfare, constitutes a public nuisance. A person violating any provision of this article is subject to suit for injunctive relief and civil penalties, as well as prosecution for a criminal violation.
(b)
Misrepresentation of facts.
It shall be a violation of this article for any person to knowingly or willfully misrepresent or fail to include any information required by this article in any zoning application or during any public hearing or meeting of the Planning and Zoning Commission (P&Z), City Council, or with the Chief Administrative Officer (CAO), acting in his/her capacity as the Zoning Administrator, or designee. Such a violation shall constitute grounds for denial of the zoning request.
(c)
Authority.
The CAO/Zoning Administrator or designee shall have the authority to administer and enforce the provisions of this article.
(d)
Administrative enforcement.
(1)
A permit issued may be revoked for violation of this article. A new permit may issue upon cure of the violation.
(2)
The CAO/Zoning Administrator or designee may issue a Stop Work Order on a person(s) engaged in conducting work or an activity on a site in violation of this article. The Order shall be posted adjacent to the work or activity in question. A person shall cease the work or activity until authorized by the City to proceed.
(e)
Penalties and remedies.
(1)
Criminal offense.
(A)
A violation under this article is a misdemeanor.
(B)
A fine for a violation may not exceed $2,000.00.
(C)
Each day of the violation shall constitute a separate offense.
(2)
Civil remedies.
Nothing in this article shall be construed as a waiver of the City's right to bring a civil action to enforce the provisions of this article, and to seek remedies as allowed by law, including, but not limited to, the following:
(A)
Injunction.
The City may file suit to enjoin the violation or to prevent a threatened violation of this article by a person; and
(B)
Damages and penalties.
(i)
The City may seek to recover damages from the violator in an amount adequate for the City to undertake activity necessary to bring compliance with this article.
(ii)
A violator is subject to a civil penalty up to $1,000.00 and not less than $100.00 a day, with each day constituting a separate offense and separate violation, when it is shown that the defendant was notified of the violation, and, after receiving notice, failed to comply.
