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Vandalia City Zoning Code

CHAPTER 17

08 - ZONING DISTRICTS

Sections:


17.08.010 - Establishment of districts.

In order to classify, regulate and restrict the use of land, buildings and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; and to regulate the intensity of land use, the incorporated area of Vandalia and all adjacent lands within one and one-half (1½) miles of the corporate limits area divided into districts as follows:

Agricultural Districts

A, Agricultural

Residential Districts

RS, Single-Family Residential

RT, Two-Family Residential

RM, Multiple-Family Residential

RMH, Mobile Home Residential

Institutional Districts

MED, Medical

Commercial Districts

CD, Downtown Commercial

CG, General Commercial

Industrial Districts

IL, Light Industrial

IG, General Industrial

Overlay Districts

PUD, Planned Unit Development

H, Historic District

I, Interchange District

(Ord. No. 1997-6-16-D, Art. 4(4.1), 6-16-1997)

17.08.020 - Official Zoning Map.

(a)

Boundaries. The boundaries of the various zoning districts are hereby fixed and established as shown in the accompanying Zoning Map. This Zoning Map is on file in the office of the City Clerk of the City of Vandalia. This map is hereby adopted and made a part of this title as if the matters and information set forth by said maps were fully described herein.

(b)

Measurement of Boundaries. The boundaries of the various districts as shown on the Zoning Map shall be determined by the boundaries as shown and outlined thereon and when not clearly so determined, by use of the scale shown on said maps unless actual dimensions are noted. Scale and field measurements and map dimensions shall be figured from the center line of streets, highways, alley and railroad rights-of-way as appropriate. Where uncertainty exists as to the exact location of said boundaries, the following rules shall apply:

A.

Center Line as Boundary. Where district boundaries lie on or within streets, highways, alleys or railroad rights-of-way, the district boundaries shall be the center line of the same.

B.

District Boundaries Which Bisect Blocks. Where district boundary lines approximately bisect blocks, the boundaries shall be the median lines of such blocks between the center line of boundary streets.

C.

District Boundaries Dividing Parcels of Lane. In subdivide property of where a district boundary divides a subdivided lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of a scale appearing on the Zoning Map. Where a district boundary divides a platted lot, the zone classification of the greater portion shall prevail throughout the lot.

D.

Action in Case of Uncertainty. In case any further uncertainty exists, the Board of Zoning Appeals shall interpret the intent of the Zoning Map as to the location of such boundaries.

E.

Street and Rights-of-Way Abandonments. Where a public road, street, alley or other right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it reverted shall apply.

F.

Excluded Areas. Unless areas are classified on or by the Official Zoning Map of the City of Vandalia, or the appropriate classification can be established by the rules above, such areas shall be considered to be classified as A, Agricultural District, until such time as the land is rezoned by the City Council.

G.

Amendment to the Official Zoning Map. No changes or amendments to the Official Zoning Map shall be initiated, except in compliance and conformity with all procedures and requirements of this Code. If in accordance with procedures of this code changes are made in district boundaries or other such information portrayed on the Official Zoning Map, such changes shall be made promptly after adoption of the amendment. It shall be unlawful for any person to make any unauthorized change in the Official Zoning Map.

(c)

Annual Publication. In accordance with State law, if any changes are made in the zoning districts or regulations during a calendar year, the City Clerk shall publish the Official Zoning Map of the City not later than March 31 of the following year.

(d)

Annexation Impact on Zoning. Whenever territory is hereafter annexed to the City, the City's extraterritorial zoning authority shall automatically extend to points within one and one-half (1½) miles of the newly annexed land and such lands shall automatically be zone as A, Agricultural District, until duly changed by an amendment to this title.

(Ord. No. 1997-6-16-D, Art. 4(4.2), 6-16-1997)

17.08.030 - Regulation of uses.

It is the intent of this title to permit certain uses, not otherwise illegal, to locate in specified zoning districts, either as a permitted use or a special use.

(a)

Permitted Uses. No structure shall be erected, constructed, reconstructed or structurally altered, nor shall any structure of land or combination thereof, be used unless the use to which the structure and/or land is to be put is listed in the Permitted Use section of the applicable zoning district and the use fully complies with all of the applicable district regulations, except for nonconformities, accessory uses, and special uses. Some permitted uses are listed according to the Standard Industrial Classification (SIC) manual published by the Office of Management and Budget, 1987 edition. The specific uses set forth herein taken from the 1987 SIC manual are adopted by reference as specifically set forth herein and made a part of this title as if fully set out in this title. A copy of the 1987 SIC manual is on file in the office of the City Clerk.

(b)

Special Uses. No special use, as designated within this title, shall hereafter be established unless such use has been approved pursuant to the provisions of Chapter 17.20. Any existing use which was a permitted use prior to the adoption of this title may continue as if it were approved as special use.

(c)

Uses Not Specifically Listed. If a particular use is included in the SIC manual, is not listed as a permitted use and is not within the same SIC classification code as listed permitted use, it is not allowed in that district. If a particular use is not included in the SIC manual and is substantially similar to uses in one (1) or more SIC classification codes which are not listed as permitted uses, it is not allowed within that district. If a particular use is not included anywhere in the SIC manual and is substantially similar to one (1) or more of the permitted uses listed in that district, it may receive consideration for inclusion as a permitted use by the Planning Commission.

(Ord. No. 1997-6-16-D, Art. 4(4.3), 6-16-1997)

17.08.040 - Establishment of size, dimension and access criteria.

In order to carry out the purpose and intent and provisions of this title, size and dimension criteria for particular zoning districts are hereby established. Such size and dimension criteria shall be applied in accordance with this Section and other applicable provisions of this title.

(a)

Lot Size Requirements.

A.

Reduction of Lot Size or Yards. No lot or yard existing at the effective date of this title shall thereafter be reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation, or purchase. Lots or yards created after the effective date of this title shall meet the minimum requirements established in the dimensional regulations of the appropriate zoning district.

B.

Applicability to All Uses. Unless otherwise specified in this title, all permitted uses and all special uses shall be subject to the lot size requirements specified for a given district, unless other minimum requirements are specified for such uses elsewhere in this title.

C.

Structure Built on Two Lots. A building constructed on a site consisting of two (2) lots must be located either within the required setback from the common or center lot line, or the building must be constructed on both lots.

D.

Lots of Record Less than Minimum Size. Any lot of record at the time of the adoption of this title which contains less lot area or width than required in the district in which it is located may be used for a use in such district provided that the lot has a minimum width of thirty (30) feet. This provision shall not be construed to permit more than one (1) dwelling unit on a lot with less lot area per family than required for the district in which such lot is located.

E.

Use of Lots in Single-Family Districts. In single-family districts, every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than the principal building and the customary accessory buildings on one (1) lot or parcel of land.

(b)

Minimum Yard Requirements. Minimum yard requirements shall be as specified for a given zoning district. The yard requirements shall apply to all buildings and structures, as they relate to the respective lot lines, except as otherwise specifically provided in this title or as exempted in Section 17.06.020, Yard Encroachments.

(c)

Maximum Building Height. Maximum building height shall apply to all structures located in the zoning district except those structures and appurtenances excluded in Section 17.06.010 Height Exceptions and Limitations.

(d)

Access Required. No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public or private street.

(Ord. No. 1997-6-16-D, Art. 4(4.4), 6-16-1997)