In order to carry out the purposes of this chapter, the territory within the corporate limits of the city is divided into zones or districts, paying reasonable regard to existing conditions, the character of buildings erected in each zone, the most desirable use for which the land in each zone may be adapted, and the conservation of property values throughout the city.

(Code 1968, § 130.50)

The territory within the corporate limits of the city is divided into the following zones:

(Code 1968, § 130.51; amend. Ord. No. 624-80, 11-10-80; amend. Ord. No. 661-80, 3-2-80; amend. Ord. No. 67-83, 9-12-83)

(A)

General. The zones referred to in § 150.41 and their boundaries are shown upon maps which are made a part of this chapter. These maps are designated as the "Zone Maps for the City." The maps and all notations, references, and other information shown thereon, shall be as much a part of this chapter as if matters set forth in them were all fully described in this chapter.

(B)

Identification and recording. All city zone maps shall be identified by the signature of the mayor and the president of the common council of the city. They shall be attested by the city clerk and shall bear the seal of the city. Following the adoption of the city maps by the proper legislative authority, a copy of this chapter, inclusive of zone maps, shall be filed with the city clerk and the county recorder.

(C)

Zone boundaries. Where any property is indicated in the zone maps as acreage and is not subdivided into lots, or where a zone boundary line shall be determined by using the scale shown on the map, zone boundaries are intended to follow lot lines, property lines, railroad rights-of-way, city and county limits, shore lines, lines of streams, canals, lakes, or other bodies of water. Where a boundary divides a lot which was in single ownership at the time of the enactment of this chapter, the zone applying to the larger portion of the lot shall be considered as extending to the entire lot. If each portion of the lot is equal in size, then the most restrictive zone shall apply to both portions of the divided lot.

(D)

Restoration. In the event any official zone map may become damaged, destroyed, lost, or difficult to interpret due to physical deterioration or the nature and number of changes made, the common council of the city may by ordinance and after public hearing adopt a new official map.

(E)

Changes. No changes shall be made in the zone maps of the city, except in full conformity with the procedures set forth in this chapter. Zone maps shall be revised every year in December, and all zone changes officially adopted by the proper governmental body shall be incorporated on the maps. The maps as updated shall be submitted to the plan commission for its consideration. If the commission is satisfied that the changes are correct, it shall forward the maps to the common council of the city, for adoption. Once adopted, a copy of the updated maps shall be filed with the city clerk and the county recorder.

(F)

Street vacation. Whenever a street, road, alley, railroad right-of-way, or other public way is officially vacated, the zones on each side of the vacated way shall be extended to the center of the street, road, alley, railroad right-of-way, or public way. This change shall be automatically achieved and shall not require following procedures established in this chapter for proposed zone changes.

(G)

Annexation. Any territory officially annexed to the city, shall retain the same zone or zones as it had when the territory was unincorporated.

(H)

Similar uses. Similar uses to those permitted in each zone may be allowable. Whether a certain use is similar to a use listed in a specific zone, the similarity shall be determined by the commission under established procedures.

(I)

Procedural.

(1)

Each proposed zoning change referred to the common council of the city, shall set forth the exact use for which the petitioner is requesting change. If the common council acts favorably on the requested change, the change shall be only for the specific use requested by the petitioner and for no other use. Should the petitioner wish to change the use from the use originally granted but within the same general zone, he shall submit a new petition and follow established procedures as for a new change in zoning.

(2)

Should the petitioner to whom a zone change is granted for a specific use fail to begin construction or installation of a use approved by the common council of the city, within one year after the passage of the change of zone, the administrative zoning officer shall so inform the common council which may initiate proceedings to rezone the property subject of the zone change to its original classification.

(3)

Within 60 days prior to the expiration of the one year period, the petitioner may present the common council with a bill of particulars setting forth reasons for failure to commence construction or use. The common council may consider the reasons in deciding whether or not to initiate a change in zone as herein provided.

(Code 1968, § 130.52; amend. Ord. No. 67-83, 9-12-83)