The intent of this chapter is to indicate which land uses may locate in each zoning district and under what requirements. A further distinction is made for land uses which are prohibited but may be permitted as allowed in the use chart of this chapter in given zoning districts only upon obtaining a conditional use permit. (Ord. 1628, 1-12-2015)

No land or building in any zoning district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises unless expressly provided for in this title.

   A.   A building, structure or land shall hereafter be used or occupied; and a building, or part thereof, or other structure shall be converted, erected, razed, moved, reconstructed, extended, enlarged or altered, only in conformity with all the regulations herein specified for the district in which it is located, unless otherwise provided for herein.

   B.   The land within the city limits is divided into the following land use categories/zoning districts: residential/R-1, R-2, R-3 and R-4; R/limited office; commercial/C-1, C-2, C-3 and C-4; industrial/I-1 and I-2. When several combined land uses exist, or are proposed, the most intensive land use shall be considered as the primary activity.

   C.   When a use is not listed as a permitted use, such use shall be expressly prohibited.

   D.   Development within the area of impact shall require an agreement for annexation which may require agreement for utility hookups, etc., when city boundary or municipal facilities are within three hundred feet (300') of the development. Said development agreement shall be recorded at the Elmore County recorder's office and shall run with the land.

   E.   An area indicated on the official zoning map used as a public park or recreation area, public utility area, cemetery, public school site or semipublic open space, shall not be used for any other purpose, and when the use of this area is an abandoned use as determined by city council, it shall automatically be zoned the same as the zone in which it is located. (Ord. 1628, 1-12-2015)

   A.   Right Of Way Acquisition: In order to provide right of way acquisition, no building or permanent structure shall be placed closer than sixty feet (60') to any section line or quarter section line without approval of the city engineer and/or the board of commission of the highway district having jurisdiction unless provided for otherwise in this title with the intent to provide area for future roadways.

   B.   Easements: No building or permanent structure shall be placed within any public easement.

   C.   Guesthouse: In residential zones, a guesthouse or guestrooms (without 220V connection) may be constructed within an accessory building to be used for guests. Provided, that such facilities are used for the temporary housing of guests of the occupants of the main structure and not for permanent occupancy by others or for monetary gain.

   D.   Lot Splits/Combined Lots: Any lot legally platted prior to the adoption of this title shall be a buildable lot.

No lot shall hereafter be divided into two (2) or more lots unless all lots resulting from the division shall conform to all the applicable regulations of the district in which the property is located. (Ord. 1628, 1-12-2015)