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Kirtland City Zoning Code

CHAPTER 1260

INTENT AND APPLICATION

§ 1260.01 PURPOSE AND INTENT.

   The purpose of this Zoning Code and the intent of Council in its adoption is to promote and protect the public health, safety, convenience, comfort and prosperity and the general welfare of the city, by regulating the use of buildings, other structures and land for residences, public facilities, institutions, business, services, industry or other purposes; by regulating and restricting the bulk, height, design, percent of lot occupancy and location of buildings; by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the city into districts of such number and dimensions in accordance with the objectives of the Comprehensive Plan; and to provide procedures for the administration, interpretation, amendment and enforcement of the Zoning Code. This Zoning Code is intended to achieve, among others, the following objectives:
   (a)   To protect the character and values of residential, institutional and public uses, business and industrial uses, and to insure their orderly and beneficial development;
   (b)   To provide adequate open spaces for light, air and outdoor uses;
   (c)   To prevent overcrowding of the land;
   (d)   To prevent excessive concentration of population;
   (e)   To regulate and control the location and spacing of buildings on the lot and in relation to the surrounding property so as to carry out the objectives of the Comprehensive Plan;
   (f)   To regulate the location of buildings and intensity of uses in relation to streets so as to minimize interference by traffic movements and thereby reduce street congestion and improve public safety;
   (g)   To establish zoning patterns that insure economical extension for sewers, water supply, waste disposal and other public utilities, as well as developments for recreation, schools and other public facilities;
   (h)   To guide the future development of the city to bring about the gradual conformity of land and building uses in accordance with objectives of the Comprehensive Plan; and
   (i)   To accomplish the specific intents and goals set forth in the introductions to the respective chapters.
(Ord. 11-O-1, passed 2-23-2011)

§ 1260.02 RELATION TO OTHER LAWS.

   This Zoning Code shall govern wherever this Code imposes greater restrictions upon the use of buildings or land, the height or bulk of buildings, or requires larger land or building areas, yards or other open space than are otherwise required or imposed by other deed restrictions, codes, laws, ordinances, rules or regulations. Conversely, other city and state codes, laws, ordinances, rules or regulations shall govern where they impose greater restrictions than this Zoning Code.
(Ord. 11-O-1, passed 2-23-2011)

§ 1260.03 INTERPRETATION.

   In interpreting and applying the provisions of the Zoning Code, such provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and the objectives set forth throughout the Zoning Code. Except as specifically provided herein, it is not intended by the Zoning Code to repeal, abrogate or annul any existing provision of any law or ordinance or any rule or regulation previously adopted or issued pursuant to law relating to the use of structures and land and the design, erection, alteration or maintenance of structures thereon.
(Ord. 11-O-1, passed 2-23-2011)

§ 1260.04 SEPARABILITY.

   If any provision, or the application of any provision, of this Zoning Code or amendments thereto is declared to be invalid by a judicial decision of a court of competent jurisdiction, the effect of such determination shall be limited to that provision or provisions expressly stated to be invalid, and such determination shall not affect, impair or nullify this Zoning Code as amended as a whole or any other part thereof.
(Ord. 11-O-1, passed 2-23-2011)