The Mitchell city council deems it necessary, in order to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate provision of transportation, water, sewerage, schools, parks and other public requirements, to protect the total environment of the community and its inhabitants, to conserve the value of buildings and property and encourage the most appropriate use of land throughout the city and within its zoning jurisdiction as described and delineated in the master plan for the city, adopted by the Mitchell city planning commission and approved by the Mitchell city council September 1990, as such plan now exists or may be amended, with reasonable consideration and in accordance with such comprehensive plan, to enact this zoning title. The major street plan approved by city council in 2002 is on file with the Davison County register of deeds and displayed at Mitchell City Hall. (Ord. 2408, 10-1-2012)

This title shall apply to all real property within the corporate limits of the city and within the area known as the area of extraterritorial jurisdiction that has been mutually agreed upon by the city of Mitchell council and the Davison County board of commissioners, which is depicted on the official zoning maps of the city of Mitchell and Davison County and as such limits now exist or as they may be changed. The following described properties are within the zoning jurisdiction of the city of Mitchell:

Mitchell Township 103-60; Sections 3, 4, 5, 6, 8, 9, 10, W 1/2 11, 14, 15, 16, 17, E 1/2 19, 20, 21, 22, 23, W 1/2 24, NW 1/4 25, 26, 27, 28, 29, E1/2 30, 32, 33, 34, and NE 1/4 & the W 1/2 of 35;

Perry Township 104-60; Sections 27, 28, 29, E 1/2 30, 31, 32, 33 and 34.

(Ord. 2408, 10-1-2012)

This title shall in no manner affect pending actions, either civil or criminal, founded on or growing out of any ordinance or part of any ordinance hereby repealed; this title shall in no manner affect rights or causes of action, either civil or criminal, not in suit that may have already accrued or grown out of any ordinance or part of any ordinance hereby repealed. (Ord. 2408, 10-1-2012)

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not the intent of this title to repeal, abrogate or impair any existing easements, covenants or deed restrictions; however, where this title and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. All other ordinances inconsistent with this title are hereby repealed to the extent of this inconsistency only. If any section, clause, provision or portion of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this title shall not be affected thereby.

The catch heads appearing in connection with the sections of this title are inserted simply for convenience to serve the purpose of an index. The introductory statements found at the beginning of each chapter are to serve as general references only. The catch heads, introductory statements and illustrative examples of zoning terms shall be wholly disregarded by any person, office, court or other tribunal in construing the terms and provisions of this title. (Ord. 2408, 10-1-2012)