The language set forth in the text of this title shall be interpreted in accordance with the following rules of construction:

A.

Any use not herein expressly permitted is expressly prohibited.

B.

The singular number includes the plural and plural the singular.

C.

The present tense includes the past and future tenses and the future, the present.

D.

The word "shall" is mandatory and the word" may" is permissive.

E.

The masculine gender also indicates the feminine and neuter genders.

F.

Words or terms defined in this title shall be construed as set forth in Chapter 20.04, Definitions. Any words or terms not found in the definition section shall have the meaning set forth in Webster's New World Dictionary, Third Edition.

G.

The word "person" shall include any firm, association, organization, partnership, trust, company or corporation, as well as an individual.

H.

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for, "maintained for" and "occupied for."

I.

The word "including" shall mean "including but not limited to."

(Ord. 1127 (part), 1998).

A.

In their interpretation and application, the provisions of this title shall be minimum requirements for the promotion of the public health, safety, morals, comfort, convenience and general welfare of this community.

B.

Where the conditions imposed by any provision of this title are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.

C.

From and after the effective date of this title, the use of all land and every building or portion of a building erected, altered in respect to height and area, added to, or relocated, and every use within a building or use accessory thereto, in the city shall be in conformity with the provisions of this title. Any existing building or structure and any existing use or properties not in conformity with the regulations herein prescribed, shall be regarded as nonconforming, but may be continued, extended or changed, subject to the special regulations provided in Chapter 20.52 with respect to nonconforming properties or uses.

D.

A nonconforming use in violation of the provisions of the zoning ordinance, which this title supersedes, shall not be validated by the adoption of this title unless it is in compliance in all respects.

(Ord. 1127 (part), 1998).

This chapter does not abrogate any easement, covenant, or any other private agreements, which are legally enforceable, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenant, or other private agreements, the requirements of this title shall govern.

(Ord. 1127 (part), 1998).

It is declared to be the intention that the provisions of this chapter are separable in accordance with the following:

A.

If any court of competent jurisdiction shall adjudge any provisions of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in such statement.

B.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building or structure, such judgment shall not affect the application of such provision to any other property, buildings or structure not specifically included in such judgment.

(Ord. 1127 (part), 1998).

All ordinances or parts of ordinances in conflict with the ordinance codified in this title, or inconsistent with the provisions of this title, are repealed to the extent necessary to give this title full force and effect. This title shall become effective on August 11, 1998.

(Ord. 1127 (part), 1998).

The official zoning map, together with all explanatory matter thereon, is adopted by reference and declared to be a part of this title.

A.

Amendments to the official zoning map may be made from time to time as provided for in Title 20 of this code. Such changes shall be made promptly following action by the common council, by the city engineer, who shall be responsible for maintaining the official zoning map. The city engineer shall annually provide the city clerk with an updated and certified copy of the current official zoning map.

B.

Correcting Maps and Records. On all matters receiving final action by the plan commission or the board of zoning appeals, there shall be a letter sent to the petitioner informing him of the action. One copy of this letter shall be placed in the permanent zoning files of the city. Variances and nonconforming uses shall not be shown on the maps, but adequate records shall be kept on both.

(Ord. 1127 (part), 1998).

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules apply:

A.

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

B.

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

C.

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

D.

Boundaries indicated as following railroad lines shall be construed to be the centerline of the railroad right-of-way.

E.

Boundaries indicated, as approximately following the centerlines of streams, rivers, or other bodies of water shall be construed to follow such centerlines.

F.

Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (E), of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

G.

Boundaries indicated as dividing a plot or part of land shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

H.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (A) through (G) of this section, the zoning officer shall interpret the district boundaries.

(Ord. 1127 (part), 1998).

The regulations set by this title within each district shall be minimum or maximum regulations and shall apply uniformly to each class or kind of structure or land except as provided:

A.

No structure or land shall hereafter be used or occupied, and no structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

B.

No structure shall hereafter be erected or altered:

1.

To exceed the height;

2.

To accommodate or house a greater number of families;

3.

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or

4.

To be in any other manner contrary to the provisions of this title.

C.

Every building hereafter erected or moved shall be on a lot having frontage on a public street and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and off-street parking; provided, however, that in the case of a planned unit development, private streets and condominium ownership of land may be permitted by conditional use permit.

D.

No more than one principal building shall occupy a single lot, except where a lot or tract is in a PUD district or is used for educational, institutional, motel, hotel, commercial or industrial purposes. In such cases, more than one principal building may be located upon the lot or tract, provided such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.

E.

No part of yard or other open space, or off-street parking or loading space required in connection with any building for the purpose of complying with this title, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

F.

No yard or lot existing at the time of passage of the ordinance codified in this title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the ordinance codified in this title shall meet the minimum requirements established by this title.

G.

Mobile structures are prohibited as principal or accessory structures in all commercially and industrially zoned districts, except as a temporary office for contractors on a construction site.

(Ord. 1127 (part), 1998).