This article shall be known, cited and referred to as the zoning
ordinance of the city.
(2005 Code, sec. 17.1.01)
The zoning regulations and districts provided herein have been
established in accordance with a comprehensive plan, for the purpose
of promoting the health, safety, and general welfare of the citizens
of the City of Dalworthington Gardens. They have been designed to
lessen congestion in the streets; to secure safety from fire, panic
and other dangers; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population;
and, to facilitate the adequate provision of transportation, water,
sewage, schools, parks and other public requirements. They have been
made with reasonable consideration, among other things, for the character
of the districts and for their peculiar suitability for particular
uses, and with a view to conserving the value of buildings and encouraging
the most appropriate use of land throughout the city, consistent with
a comprehensive plan.
(2005 Code, sec. 17.1.02)
(a)
Interpretation.
When interpreting and applying the provisions
of this article, such provisions shall be held to be the minimum requirements
for the promotion of the public health, safety, convenience, comfort,
prosperity and general welfare.
(b)
Conflict with other laws.
Nothing in this article shall
be construed as repealing any existing ordinances regulating nuisances
or as permitting or requiring uses which are now prohibited by law.
This article does repeal and replace Ordinances #13 and 18 which were
temporary zoning ordinances.
(c)
District boundaries.
When definite distances in feet
are not shown on the zoning district map, the district boundaries
on the map are intended to be along existing streets, alleys or property
lines or extensions of or from the same. Where boundaries are shown
to follow streets or alleys, the centerline of such streets or alleys
shall be the zoning boundary. When the location of a district boundary
line is not otherwise determined, it shall be determined by the scale
of the map measured from a given line.
(d)
Discrepancies in map.
If, because of error or omission
on the zoning district map, any property in the city is not shown
and included in a zoning district, such property shall be classified
as “SF” residential district until changed by amendment.
(e)
Discrepancies in meaning or implication.
In case of
any difference of meaning or implication between the text of this
article and any caption, illustration, chart of [or] table, the text
shall control.
(2005 Code, sec. 17.1.03)
(a)
It is hereby declared to be the intention of the city council that
the several provisions of this article are severable.
(b)
If any court of competent jurisdiction shall judge any provision
of this article to be invalid, such judgment shall not affect any
other provision of this article not specifically included in said
judgment.
(c)
If any court of competent jurisdiction shall judge invalid the application
of any provision of this article to a particular property, building
or other structure, such judgment shall not affect the application
of said provision to any other property, building or structure not
specifically included in said judgment.
(2005 Code, sec. 17.1.04)
