(1)

Base zoning districts.

(Ord. No. 754, § 8-141, 7-6-2006; Ord. No. 1068, § 1, 12-15-2020)

References to less restrictive, more restrictive, less intensive and more intensive zoning districts refer to the zoning districts established in section 16-115(1); and represent a progression from the A district as the most restrictive (or least intensive) district to the I district as the least restrictive (or most intensive) district.

(Ord. No. 754, § 8-142, 7-6-2006; Ord. No. 1068, § 1, 12-15-2020)

(a)

The location and boundaries of the zoning districts established herein are defined as shown on a map entitled "Official Zoning Map of the City of Lowell, Arkansas," which is on file in the office of the city clerk-treasurer. This map, together with all explanatory data thereon, is hereby adopted by reference, and declared to be a part of these regulations.

(b)

The official zoning map shall be certified as such by signature of the mayor, attested by the city clerk-treasurer.

(c)

When, on recommendation of the planning commission, it is determined that the official zoning map needs to be replaced because it has been damaged, destroyed, lost or is difficult to interpret, the city council may by resolution adopt a new official zoning map. The adoption of a new official zoning map shall supersede the previous map and the new map shall be signed by the mayor, attested by the city clerk-treasurer and noted that it supersedes and replaces the previous map.

(d)

If, in accordance with the provisions of these regulations, changes are made in district boundaries, zoning or other data portrayed on the official zoning map, such changes shall be made on said map as soon as possible, but not more than 30 days after the amendment has been approved by the city council.

(e)

No changes of any nature shall be made on the official zoning map or information shown thereon, except in conformity with the procedures set forth in these regulations. Any unauthorized change of whatever kind by any person shall be considered a violation of these regulations, and punishable pursuant to provisions contained in section 16-313.

(f)

Regardless of the existence of purported copies of the official zoning map, which may from time to time be made or published, the official zoning map located in the office of the city clerk-treasurer shall be the final authority as to the current zoning status of property in the city.

(g)

In areas that are contiguous with border cities, the zoning must be compatible with the neighboring town and zoning will not become effective until written agreement of compatibility is received from the neighboring city, town or entity as required by state law. It is the responsibility of the applicant for rezoning to submit the approving resolution from the neighboring city, town or entity as part of the application package before the rezoning request can be heard by the planning commission.

(Ord. No. 754, § 8-143, 7-6-2006)

Where uncertainty exists as to the boundaries of districts shown on the official zoning map, the planning director shall employ the following rules in interpretations thereof. Decisions of the planning director are subject to appeal to the board of zoning adjustment.

(1)

Boundaries indicated as approximately following the centerlines of streets or alleys shall be construed to follow such centerlines.

(2)

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

(3)

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

(4)

Boundaries indicated as following waterways shall be construed to be following the thread of the stream.

(5)

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

(6)

Boundaries indicated as parallel to, or extensions of, features mentioned in the preceding rules shall be so construed.

(7)

Where distance is not specifically indicated on the official zoning map, as is typically the case with unsubdivided property, distance shall be determined by the scale of the map.

(Ord. No. 754, § 8-144, 7-6-2006)

All lands proposed for annexation shall be assigned zoning district classification that will become effective at the same time the annexation becomes final. The map amendment procedures contained herein shall be followed in assigning said classification.

(Ord. No. 754, § 8-145, 7-6-2006)

Whenever any street, alley, or other public way is vacated or abandoned by action of the city council pursuant to law, the zoning district classification of the property to which the vacated portions of land accrue shall become the classification of the vacated land.

(Ord. No. 754, § 8-146, 7-6-2006)