In order to accomplish more fully the objectives and purposes of this title, the city of Rupert is hereby divided into zones which shall be known by symbols and/or names as follows:

 

(Ord. 830, 8-6-2002; amd. Ord. 837, 3-4-2003)

The location and boundaries of each of the zoning districts and special overlay districts are hereby established as are shown on the zoning map of the city of Rupert. All boundaries, notations and other data shown thereon are as much a part of this title as if fully described herein. Said zoning map, properly attested, shall be placed and remain on file in the office of the city clerk.

The zoning map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the following words:

(Ord. 830, 8-6-2002)

Within each of the zones, the height, number of stories, and the size of buildings and structures, and percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density or population and the location and use of buildings, structures and land for trade, industry, residence or other purposes are hereby regulated and restricted as set forth in this title or as may be amended. (Ord. 830, 8-6-2002)

Where uncertainty exists with respect to the boundaries of zones, the following rules shall apply:

   A.   When indicated boundaries of the zone map are adjacent to street or land survey lines, said street or land survey lines shall be construed to be the zone boundaries.

   B.   Where the indicated boundaries are adjacent to canals, natural streams or watercourses, or other clearly defined, natural features, the centerline of said canal, natural stream, watercourse or natural feature shall be construed to be the zone boundary.

   C.   In the absence of any street, land survey, canal, natural stream, watercourse or other natural feature or measurement as forming the boundaries of any zone, the scale or measurement shown on the map shall be used to determine the zone boundary lines.

   D.   Whenever a street is vacated and that street has not been given a zone classification, the land of the vacated street shall have the same zone classification as the land adjacent or abutting land owned or on the same side of the centerline of the former street to whom such land reverts or in whom said land becomes vested by operations of law or otherwise.

   E.   In every case where small parcels of territory have not been specifically included within a district through errors in legal description, or where territory becomes a part of the city by incorporation or by inclusion in area of impact of the city, such territory shall automatically retain its existing use classification, until otherwise classified.

   F.   In case of conflict between the text and the maps of this title, the maps shall prevail. In case of a conflict between the provisions of the various sections of the text of this title, the most stringent provisions shall prevail.

   G.   Where other uncertainty exists, the zoning administrator shall interpret the map. (Ord. 830, 8-6-2002)

Except as otherwise provided herein, land, buildings and premises in any district shall hereafter be used only in accordance with the regulations herein established for the district and the following general provisions:

   A.   No building shall hereafter be erected, constructed, relocated or structurally altered to have a greater height, proportion of coverage or smaller yards or open spaces about it than permissible under the limitations set forth herein for the district in which such buildings are located.

   B.   No yards, open spaces or off street parking space or loading space existing or provided hereafter about any building shall be reduced below the minimum requirements hereinafter set forth for such open space, parking space or loading space, or further reduced if already less than said minimum requirements.

   C.   No open space, yard or off street parking space or loading space existing or hereafter provided for a building or use and necessary to meet or partially meet the requirements of this title shall be considered as all or part of the yard, open space, off street parking space or loading space required for any other building or upon any other lot.

   D.   No lot held under one ownership at the effective date hereof shall be reduced in dimension or area in relation to any building thereon so as to be smaller than that required by this title, and if already less, the dimension or area of such lot shall not be further reduced except by subdivision properly approved by the city.

   E.   If any development, building or structure shall be over any recorded or known easement, a letter of approval from the grantee of said easement must be submitted with the plan specifying that said development, building or structure does not infringe upon said easement.

   F.   No facilities or use can be permitted in residential areas unless it is clearly demonstrated that the proposed use will not result in smoke, dirt, litter, smog, air or water pollution, excessive noise or offensive odors beyond the boundaries of the property on which the facility is located. (Ord. 830, 8-6-2002)