A.
Jurisdiction. The jurisdiction of this chapter shall apply to all
structures, lands, water and air within the corporate limits of the
City of Colby. The provisions of this chapter shall be held to be
the minimum requirements for carrying out the intent and purpose of
this chapter.
B.
Compliance. No new structure, new use of land, water or air or change
in the use of land, water or air shall hereafter be permitted and
no structure or part thereof shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, converted or structurally
altered without a zoning permit and without full compliance with the
provisions of this chapter and all other applicable local, county
and state regulations.
C.
District regulations to be complied with. Except as otherwise provided,
the use and height of buildings hereafter erected, converted, moved,
enlarged or structurally altered and the use of any land shall be
in compliance with the regulations established herein for the district
in which such building or land is located.
D.
Yard reduction or joint use.
(1)
No lot, yard, parking area, building area or other space shall be
reduced in area or dimension so as not to meet the provisions of this
chapter. No part of any lot, yard, parking area or other space required
for a structure or use shall be used for any other structure or use.
(2)
No yard or other open space allocated to a structure or parcel of
land shall be used to satisfy yard, other open spaces or minimum lot
area requirements for any other structure or parcel.
E.
Lots abutting more restrictive district. Any side yard, rear yard
or court abutting a district boundary line shall have a minimum width
and depth in the less restricted district equal to the average of
the required minimum widths and depths for such yards and courts in
the two districts which abut the district boundary line.
F.
Relationship with other laws. Where the conditions imposed by any
part of this chapter upon the use of land or buildings or upon the
bulk of buildings are either more restrictive or less restrictive
than comparable conditions imposed by any other provisions of this
chapter or any other laws, ordinances, resolutions, rules or regulations
of any kind, the regulations which are more restrictive (or impose
higher standards or requirements) shall be enforced.
Only the following uses and their essential services may be
allowed in any district:
A.
Permitted uses. Permitted uses, being the principal uses, specified
for a district.
B.
Accessory uses. Accessory uses and structures as specified are permitted
in any district, but not until their principal structure is present
or under construction.
C.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval in accordance with Article IV of this chapter, except those existent at time of adoption of this chapter.
(2)
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval in accordance with Article IV of this chapter.
(3)
Conditional uses authorized by the Planning Committee shall be established
for a period of time to a time certain or until a future happening
or event, at which the same shall terminate.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
Conditional uses authorized by the Planning Committee shall not be subject to substitution with other conditional uses, either regular or limited, whether of a similar type or not, without Planning Committee approval and the procedures required in Article IV of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in § 480-14 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Zoning Board of Appeals for determination, following a recommendation from the Planning Committee, in accordance with the following procedure:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Application. Application for determination for classification of
an unlisted use shall be made in writing to the Zoning Administrator
and shall include a detailed description of the proposed use and such
other information as may be required by the Zoning Board of Appeals
to facilitate the determination.
(2)
Investigation. The Zoning Board of Appeals shall make or have made
such investigations as it deems necessary in order to compare the
nature and characteristics of the proposed use with those of the uses
specifically listed in this chapter and to recommend its classification.
(3)
Determination. The determination of the Zoning Board of Appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Zoning Board of Appeals shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in § 480-14.
(4)
Effective date of determination. At the time of this determination
of the classification of the unlisted use by the Zoning Board of Appeals,
the classification of the unlisted use shall become effective.
A.
Street frontage. All lots shall abut upon a public street or other
officially approved means of access, and each lot shall have a minimum
frontage of 30 feet; however, to be buildable, the lot shall comply
with the frontage requirements of the zoning district in which it
is located.
B.
Principal structures. All principal structures shall be located on
a lot. Except in the case of planned unit developments, not more than
one principal building or use and its accessory buildings or uses
may be located on a lot. The Common Council may permit as a planned
unit development more than one principal structure per lot in any
district where more than one such structure is needed for the orderly
development of the parcel. Where additional structures are permitted,
the Common Council may impose additional yard requirements, landscaping
requirements or parking requirements, or require a minimum separation
distance between principal structures.
C.
Dedicated street. All lots shall abut a public street or approved
private road or way which is constructed to applicable standards.
No zoning permit shall be issued for a lot which abuts a public street
dedicated to only a portion of its proposed width and located on that
side thereof from which the required dedication has not been secured.
D.
Lots abutting more restrictive districts. Lots abutting more restrictive
district boundaries shall provide side and rear yards not less than
those required in the more restrictive abutting district. The street
yard setbacks in the less restrictive district shall be modified for
a distance of not less than 60 feet from the more restrictive district
boundary line so such street yard setbacks shall be no less than the
average of the street yards required in both districts.[1]
E.
Preservation of topography. In order to protect the property owner
from possible damage due to change in the existing grade of adjoining
lands and to aid in preserving and protecting the natural beauty and
character of the landscape, no change in the existing topography of
any land shall be made which would result in increasing any portion
of the slope to a ratio greater than 1 1/2 horizontal to one
vertical, within a distance of 20 feet from the property line, except
with the written consent of the owner of the abutting property and
with the approval of the Common Council, upon the recommendation of
the Planning Committee, or which would alter the existing drainage
or topography in any way as to adversely affect the adjoining property.
In no case shall any slope exceed the normal angle of slippage of
the material involved, and all slopes shall be protected against erosion.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Decks. For purposes of this chapter, decks, porches and fireplace
chases shall be considered a part of a building or structure.
G.
Vacated streets. Whenever any street, alley, easement or public way
is vacated by official action, the zoning district abutting the center
line of the vacated area shall not be affected by such proceeding.
H.
Obstruction of unplatted lands. All buildings hereafter erected upon
unplatted land shall be so placed that they will not obstruct proper
street extensions or other features of proper subdivision and land
platting.
I.
Dwelling units. No cellar, basement or unfinished home, garage, tent,
recreational vehicle, trailer or accessory building shall, at any
time, be used as a dwelling unit. Basements shall not be used as dwelling
units, except where specifically designed for such use through proper
damp-proofing, fire-protecting walls and other requirements as may
be imposed by the building and housing codes.
J.
Temporary uses. Temporary uses, such as real estate sales field offices
or shelters for materials and equipment being used in the construction
of a permanent structure, may be permitted by the Zoning Administrator.
The Zoning Administrator may impose conditions on such temporary uses.
K.
Unclassified or unspecified uses. Unclassified or unspecified uses
may be permitted by the Board of Appeals after the Planning Committee
has made a review and recommendation, provided that such uses are
similar in character to the principal uses permitted in the district.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
L.
Screening regulations. Any use required by this chapter to be screened
in accordance with this section shall be confined within an opaque
fence or wall eight feet high or a visual screen consisting of evergreen
or evergreen-type hedges or shrubs, spaced at intervals of not more
than six feet, located and maintained in good condition or in any
way out of view of the public.
A.
Height. The district height limitations stipulated elsewhere in this
chapter may be exceeded, but such modification shall be in accord
with the following:
(1)
Architectural structures. Agricultural structures, such as barns,
silos and windmills, shall not exceed in height twice their distance
from the nearest lot line.
(2)
Special structures, such as elevator penthouses, gas tanks, grain
elevators, scenery lots, radio and television receiving antennas,
manufacturing equipment and necessary mechanical appurtenances, cooling
towers, fire towers, substations and smoke stacks, are exempt from
the height limitations of this chapter.
(3)
Essential services, utilities, water towers, electric power and communication
transmission lines are exempt from the height limitations of this
chapter.
(4)
Communication structures, such as radio and television transmission
and relay towers, aerials and observation towers, shall not exceed
in height three times their distance from the nearest lot line.
(5)
Public or semipublic facilities. Public or semipublic facilities,
such as schools, churches, hospitals, monuments, sanitariums, libraries,
government offices and stations, may be erected to a height of 60
feet, provided all required yards are increased not less than one
foot for each foot the structure exceeds the district's maximum height
requirement.
B.
Yards. The yard requirements stipulated elsewhere in this chapter
may be modified as follows:
(1)
Agricultural projections. Chimneys, flues, sills, eaves, belt courses,
ornaments, etc., may project into any required yard, but such projection
shall not exceed two feet.
(2)
Essential services, utilities, electric power and communication transmission
lines are exempt from the yard and distance requirements of this chapter.
(3)
Landscaping and vegetation are exempt from the yard requirements
of this chapter.
C.
Average building setbacks. In Residential and Business Districts,
except for corner lots, required setbacks shall be modified in the
following cases:
(1)
Average front yards. The required front yards may be decreased in
any residential or business district to the average of the existing
street yards of the abutting principal structures on each side. Where
50% or more of the frontage on a block is occupied by principal structures
having setbacks less than those required by this chapter, setbacks
on each remaining lot shall be determined in accordance with the following
rule. The front building line of a proposed structure shall be no
nearer the front lot line than a line joining adjacent front corners
of the nearest principal structures which are in the same block frontage
on either side of the proposed structure. If, on a block frontage,
no principal structure exists to one side of a proposed structure,
a structure may be assumed to exist on the corner lot which conforms
to the minimum setback and side yard width requirements of this chapter.
(2)
Additions. Additions in the front yard of existing structures shall
not project beyond the average of the existing front yards on the
abutting lots or parcels.
D.
Corner side yards. The required side yard on the street side of corner
lots shall be at least 50% greater than the minimum specified for
the district.
In addition to all other setback requirements set forth in the
Zoning Code of the City of Colby, there shall be at least a fifty-foot
setback requirement from the high-water mark of any navigable water
unless those building and improvements are to be located on property
annexed by the City of Colby after May 7, 1982. Property annexed after
May 7, 1982, shall be subject to such setback rules as are in effect
and as are enforced by the appropriate regulating authority.[1]
