In order to classify, regulate, and restrict the use of land, buildings, and structures; to regulate the area of yards and open spaces about buildings; to regulate the intensity of land use; and to promote orderly growth within areas subject to these land development regulations, the following zoning districts are established:

(Ord. No. 434, § 4.1.1, 5-7-2002)

(a)

The land areas subject to these land development regulations are hereby divided into zoning districts as set out in this chapter above and as shown on the zoning map of the city. The zoning map, which may consist of one or more maps, together with all explanatory material shown therein, is hereby declared to be part of these land development regulations. The zoning map is and shall remain on file in the office of the land development regulations administrator.

(b)

If, in accordance with the provisions of these land development regulations, changes are made in district boundaries or other subject matter portrayed on the zoning map, such changes shall be made on the zoning map by the land development regulations administrator promptly after the amendment has been adopted by the city council.

(c)

All changes made on the zoning map or matter shown thereon shall be in conformity with the procedures set forth in these land development regulations.

(d)

The zoning map, which shall be located in a designated place easily accessible to the public, shall be the final authority as to the current zoning status of land and water areas, as well as buildings and other structures in areas subject to these land development regulations.

(e)

Prior zoning maps or remaining portions thereof, which have had the force and effect of official zoning maps for areas subject to these land development regulations, shall be retained as a public record and as a guide to the historical zoning of land and water areas.

(Ord. No. 434, § 4.1.2, 5-7-2002)

(a)

Generally. District regulations extend to all portions of districts surrounded by boundaries. Except as otherwise specifically provided, district symbols or names shown within district boundaries on the zoning map indicate that district regulations pertaining to the district extend throughout the entire area surrounded by the boundary line.

(b)

Rules where uncertainty exists. Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply:

(1)

Centerlines. Boundaries shown as approximately following the centerlines of dedicated streets, highways, alleys, or rights-of-way shall be construed as following such centerlines as they exist on the ground, except where variation of actual location from mapped location would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel. In case of a street vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at its center, in which case the boundary shall be construed as moving with the ownership.

(2)

Lot lines. Boundaries shown as approximately following lot lines or public property lines shall be construed as following such lines; provided, however, that where such boundaries are adjacent to a dedicated street, alley, highway, or right-of-way and the zoning status of the street, highway, alley, or right-of-way is not indicated, the boundaries shall be construed as running to the middle of the street, highway, alley, or right-of-way. In the event of street vacation, interpretation shall be as provided in subsection (b)(1) of this section.

(3)

Municipal limits. Boundaries shown as approximately following municipal limits shall be construed to follow such municipal limits.

(4)

Railroad tracks. Boundaries shown as following railroad tracks shall be construed to be midway between the main tracks.

(5)

Mean high water lines; centerlines of streams, canals, lakes, or other bodies of water. Boundaries indicated as following mean high water lines or centerlines of streams, canals, lakes, or other bodies of water shall be construed as following such mean high water lines or centerlines. In case of a change in mean high water line or of the course or extent of bodies of water, the boundaries shall be construed to move with the change, except where such move would change the zoning status of a lot or parcel. In such case, the boundary shall be interpreted in a manner as to avoid changing the zoning status of any lot or parcel.

(6)

Body of water. Boundaries shown as entering any body of water but not continuing to intersection with other zoning boundaries or with the limits of jurisdiction of the city shall be construed to continue in the direction in which they enter the body of water and intersection with another zoning boundary or with the limits of jurisdiction of the city.

(7)

Boundaries parallel. Boundaries shown as parallel to or extensions of features indicated in subsections (b)(1)—(6) of this section shall be construed to be parallel to or extensions of such features.

(8)

Measurement of district boundaries. Distances not specifically shown on the zoning map shall be determined by the scale of the map showing the property in question.

(c)

Cases not covered by subsection (b) of this section. In cases not covered by subsection (b) of this section, the land development regulations administrator shall interpret the zoning map in accord with the intent and purpose of these land development regulations. Appeal from the interpretation of the land development regulations administrator shall be only to the board of adjustment in conformity with chapter 46, article VII.

(Ord. No. 434, § 4.1.3, 5-7-2002)

The restrictions and controls intended to regulate development in each zoning district are set forth in the schedule of district regulations within this chapter and are supplemented by article II of this chapter regarding supplementary district regulations and section 44-12 regarding nonconformities.

(Ord. No. 434, § 4.1.4, 5-7-2002)

The regulations, set by these land development regulations, within each district shall be minimum or maximum limitations, as appropriate to the use, and shall apply uniformly to each class or kind of structure, use, land, or water. Except as hereinafter provided:

(1)

Zoning affects use or occupancy. No structure, land, or water shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, constructed, reconstructed, located, moved, or structurally altered except in conformity with the regulations specified in these land development regulations for the district in which it is located.

(2)

Zoning affects height of structures, population density, lot coverage, yards, and open spaces. No structure shall hereafter be erected or altered:

a.

To exceed height, bulk, or floor area;

b.

To provide a greater number of dwelling units per acre;

c.

To provide less lot area per dwelling unit or to occupy a smaller lot; or

d.

To occupy a greater percentage of lot area; or to provide narrower or smaller yards, courts, or open spaces; or lesser separation between buildings or structures or portions of buildings or structures, than herein required; or in any other manner contrary to the provisions of these land development regulations.

(3)

Multiple use of required space prohibited. No part of a required yard or other required open space, or off-street parking or off-street loading space, provided in connection with one structure or use shall be included as meeting the requirements for any other structure or use, except where specific provision is made in these land development regulations.

(4)

Reduction of lot area prohibited. No lot or yard existing at the effective date of these land development regulations shall thereafter be reduced in dimension or area below the minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner such as dedication, condemnation or purchase. Lots or yards created after the effective date of the ordinance from which these land development regulations are derived shall meet at least the minimum requirements established by these land development regulations.

(Ord. No. 434, § 4.1.5, 5-7-2002)

(a)

Where the phrases "all conservation districts," "conservation districts," "zoned conservation," "conservation zone," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following district:

CO Conservation.

(b)

Where the phrases "all recreation/open space districts," "recreation/open space districts," "zoned recreation/open space," "recreation/open space zone," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following district:

REC/OS Recreation/Open Space.

(c)

Where the phrases "all agricultural districts," "agricultural districts," "zoned agriculturally," "agricultural zone," "agriculturally zoned," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following district:

A Agricultural.

(d)

Where the phrases "one-family residential districts," "one-family residential district," "zoned for one-family residential purposes," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

R-1 Residential Single-Family.

R-1-A Residential Single-Family.

RM-1-A Residential Mobile Home.

(e)

Where the phrases "all residential districts," "residential district," "zoned residentially," "residentially zoned," "zoned for residential purposes" or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

R-2 Residential Duplex.

RM-2 Residential Multifamily.

RB Residential Business.

(f)

Where the phrases "commercial districts," "zoned commercially," "commercially zoned," "commercial zoning," or phraseology of similar intent are used in these land development regulations, the phraseology shall be construed to include the following districts:

C-1 Commercial General.

C-2 Commercial Intensive.

CBD Central Business District.

(g)

Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoned," or phraseology of similar intent are used in these land development regulations, the phraseology shall be construed to include the following districts:

I Industrial.

(h)

Where the phrases "public/quasi public," "zoned for public/quasi public" or phrases of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

P Public/Quasi Public.

(i)

Where the phrases "planned development," "zoned for planned development" or phrases of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

PD Planned Development.

(Ord. No. 434, § 4.1.6, 5-7-2002)

Cross reference— Definitions generally, § 1-2.