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Palmview City Zoning Code

DISTRICT BOUNDARIES

§ 156.020 ESTABLISHMENT OF ZONING DISTRICTS AND ZONING MAP.

   Once the public hearings are completed, either partially or wholly to determine final zoning districts per property, the city will have been divided into zoning districts as shown on the official zoning map. The districts and their boundaries shall be as shown upon the zoning map referred hereto and made a part of this chapter, said map being designated as the “official zoning map”. Said map, and all notations, references and other information shown thereon, shall be a part of this chapter. If, in accordance with the provision of this chapter, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the map as promptly as possible after the amendment has been approved by the City Council. Records shall always be held and available for public inspection to reflect the date of official action of any rezoning to any property, and a description of the nature of said rezonings. The official zoning map shall be signed by the Mayor and attested to by the City Secretary. No amendment to this chapter which involves matters portrayed on the official zoning map shall become effective until after such rezoning (caption of specific ordinance) have been published in a newspaper of local circulation and for which the zoning map will be amended thereto.
(Ord. 2016-07, passed 8-9-2016)

§ 156.021 BOUNDARIES; OFFICIAL ZONING MAP.

   The location and boundaries of the districts herein established are shown upon the official zoning map, which is hereby adopted and incorporated into and made a part of this chapter, and shall be deemed enabled once the public hearings on rezoning of properties has been completed.
(Ord. 2016-07, passed 8-9-2016)

§ 156.022 DETERMINATION OF BOUNDARIES.

   In determining the location of zoning district boundaries on the zoning map, the following rules shall apply.
   (A)   Where district boundaries are indicates as approximately following lot lines, alleys, street or highway rights-of-way, or extensions of such lines, such lines shall be construed to be boundary lines of the district.
   (B)   Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines of rights-of-way, such district boundaries shall be construed as being parallel thereto and to such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale on said zoning map.
   (C)   Where district boundaries are shown on undivided property, the location shall be determined by the scale shown on the map unless dimensions are given on the map or in the ordinance governing the zone.
   (D)   Where physical features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered within the text, the City Manager or his or her duly appointed representative shall interpret the district boundaries. Appeals shall be to the Zoning Board of Adjustments pursuant to prescribed policies and public hearing guidelines.
(Ord. 2016-07, passed 8-9-2016)

§ 156.023 PURPOSE.

   The purpose of the use districts described herein is to group together into zoning districts those uses that are reasonably compatible with one another according to their normal land use characteristics:
   (A)   To permit, in connection with these uses, those customary and necessary accessory activities which are incidental to the principal use;
   (B)   To permit certain other uses which may be established, in public forums, in some situations and subject to specific conditions unique to the site so that such conditional or special uses will also be compatible with the permitted uses allowed in said districts;
   (C)   To promote orderly and timely growth, and to recognize current land use conditions;
   (D)   To provide sufficient space in appropriate locations for development to meet the present and future growth needs of the city, with allowance for diversity of sites;
   (E)   To protect use areas, as far as possible, against heavy and unnecessary through traffic;
   (F)   To protect use areas against pollution, environmental hazards and other objectionable influences;
   (G)   To protect use areas against congestion, as far as possible, by managing the density of population in and around them; by providing for proper parking spaces; and by providing for open areas for rest and recreation to thus result in a more desirable living environment;
   (H)   To provide for privacy and access of light and air flow to structures, as far as possible, through controls over the spacing and height of buildings and other structures;
   (I)   To promote the most appropriate use of land and direction of building development which is not in conflict with the forthcoming Comprehensive Plan or the adopted policies of the city; to promote stability of development; to protect the character of the zoning districts; to conserve the value of land and buildings; and to protect the city’s tax base;
   (J)   To promote the most efficient use of city facilities and services;
   (K)   To protect against fire and explosions and other safety hazards;
   (L)   To accommodate use activities and operations whose external physical effects are restricted to the area of the district, and in no manner affect in a permanent detrimental way any of the surrounding districts; and
   (M)   To provide for fire protection and access by emergency responding vehicles and equipment.
(Ord. 2016-07, passed 8-9-2016)

§ 156.024 DISTRICT BOUNDARIES.

   (A)   All property within the city shall be located within one of the districts described in §§ 156.040 through 156.053 of this chapter, and shall meet and conform to all requirements of those districts, unless otherwise grandfathered.
   (B)   Except where indicated otherwise, the uses permitted in each district shall be limited to those specifically enumerated.
(Ord. 2016-07, passed 8-9-2016)

§ 156.025 NEWLY ANNEXED LAND.

   (A)   All territory hereafter annexed into the city shall assume an interim zoning classification of Agricultural Open-Interim (AO-I), pending determination of the property’s more permanent zoning classification in accordance with the provisions of state law and this chapter.
   (B)   The city’s Planning and Zoning Commission shall, as soon as practical after annexation of any territory to the city and after sufficient study, institute proceedings on its own motion, to give the newly annexed territory a permanent zoning by considering, among other criteria, the forthcoming Comprehensive Plan of the city, and following the same public hearing procedures for a change of zoning.
(Ord. 2016-07, passed 8-9-2016)

§ 156.026 ACCESSORY USES AND CONDITIONS.

   A use may be permitted as an accessory use to any permitted and established principal use in any district; provided that, such accessory use:
   (A)   Is customarily incident to and maintained and operated as a part of the principal use, as determined by the Planning Director and, if need be, after consultation with the City Manager;
   (B)   Is not hazardous to and does not impair the use or enjoyment of adjoining or nearby properties in greater degree than the principal use with which it is associated, as determined by the Planning Director and, if need be, after consultation with the City Manager;
   (C)   Does not add to levels of noise, odor, vibration, excessive lighting or degrees of traffic congestion, dust or pollutants, in a greater amount than that customarily generated by the principal use, as determined by the Planning Director and, if need be, after consultation with the City Manager; and
   (D)   Is not located within the minimum building setback restrictions of the land use zoning district.
(Ord. 2016-07, passed 8-9-2016)