(a)
The boundaries of the zoning districts are hereby established as
shown on the “zoning district map” of the town. The zoning
district map shall be maintained in two (2) forms, as follows:
(1)
The city secretary shall maintain on file the official zoning district
map signed by the mayor and attested by the city secretary, as a permanent
record, reflecting the zoning districts as of the effective date of
Ordinance #17-804. The official zoning district map shall not be changed
in any manner and, together with amending ordinances, shall be controlling.
(2)
The zoning administrator shall maintain on file a current zoning
district map which shall be changed as needed when the council amends
the map by ordinance. The zoning administrator shall cause the map
to be revised as soon as practicable after changes are adopted. The
map shall include the notation of the ordinance number and date of
adoption of all changes thereto.
(b)
The zoning district maps and all of the notations, references and
other information shown thereon shall be and are hereby made a part
of this article, and shall have the same force and effect as if the
same were fully set forth herein.
(Ordinance 17-804 adopted 5/8/17)
The district boundary lines shown on the official zoning district
map are usually along streets, alleys, property lines, or extensions
thereof. Where uncertainty exists as to the boundaries of districts
as shown on the official zoning district map, the following rules
shall apply.
(1)
Boundaries indicated as approximately following the centerline of
streets, highways or alleys shall be construed to follow such centerline.
(2)
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following town limits shall
be construed as following town limits.
(5)
Whenever any street, alley, or other public way is vacated by official
action of the town council or whenever such area is franchised for
building purposes, the zoning district line adjoining each side of
such street, alley, or other public way shall be automatically extended
to the centerline of such vacated street, alley or way and all areas
so involved shall then and henceforth be subject to all regulations
of the extended districts.
(6)
The zoning classification applied to a tract of land adjacent to
a street shall extend to the centerline of the street, unless as a
condition of zoning approval, it is stated that the zoning classification
shall not apply to the street.
(7)
Where physical features on the ground conflict with information shown on the official zoning district map, or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (1) through (6), the property shall be considered as classified, R-1 “one-family residential,” in the same manner as provided for newly annexed territory.
(Ordinance 17-804 adopted 5/8/17)
Any territory hereafter annexed to the town shall be in the
R-1 “one-family residential” district as a temporary classification.
Within three (3) months after such territory shall be annexed to the
town, the council shall initiate proceedings for the determination
of a permanent zoning classification therefor. No building permits
shall be issued for such territory until permanent zoning has been
established.
(Ordinance 17-804 adopted 5/8/17)
(a)
Uses other than those specifically mentioned in this zoning chapter
as permitted uses in each district may also be allowed therein, provided
that, in the judgment of the planning and zoning commission, such
other uses are of a similar character to those mentioned and will
have no adverse influence or no more adverse influence on adjacent
properties, the neighborhood or the community than the permitted uses
specifically mentioned for the district, in accordance with the following
standards.
(b)
The determination as to whether a main or accessory use is similar
to uses permitted by right shall be considered as an expansion of
the use regulations of the district and not as a variance applying
to a particular situation. Any main use found similar shall thereafter
be included in the enumeration of main uses permitted by right as
a text amendment as established in section 14.03.020 “amendments
and administrative procedures.”
(1)
In the case of an accessory use, the accessory use shall thereafter
be permitted as accessory by right in that district to the main use
to which it is accessory. Application for similar use shall be made
to the zoning administrator by submitting an application as set forth
in section 14.03.020 “amendments and administrative procedures.”
The planning and zoning commission shall grant or deny the similar
use request utilizing the following standards:
(A)
That such use is found to be compatible with the purpose statement
of the district for which it is being considered.
(B)
That such use is not listed in any other main classification of permitted
or specific uses in the zoning ordinance, or in the case of accessory
uses that the use is not listed as an accessory use to the main use
in any other district;
(C)
That such main use conforms to the basic characteristics of the classification
to which it is to be added, and is more appropriate thereto than to
any other main classification;
(D)
That the use does not create dangers to the health or safety, and
does not create offensive noise, vibration, dust, heat, smoke, odor,
glare, or other objectionable influences to an extent greater that
normally resulting from other uses listed in the classification to
which it is to be added; and
(E)
That such use does not create traffic to a greater extent than the
other uses listed in the classification to which it is to be added.
(F)
If approved by the planning and zoning commission and town council pursuant to section 14.03.020 “amendments and administrative procedures,” the use shall be identified as a specific use, subject to the standards and regulations of article 14.08, division 2, “specific use regulations,” in this zoning chapter unless specifically incorporated as a principal permitted or accessory permitted use.
(2)
Appeals to the decision of the planning and zoning commission shall
be made to the town council.
(Ordinance 17-804 adopted 5/8/17)
The specific uses set forth in the use regulations of the commercial
and industrial districts are intended to be enumerative in nature.
Requests for additions to the lists of uses therein contained shall
be made by application to the planning and zoning commission for its
review and recommendation to the council. Any such recommendation,
whether for or against the addition applied for, shall be forwarded
to the council after public hearing in like manner to any other amendment
to this article. Any amendments approved by council shall be amended
to the text of the applicable commercial or industrial district for
which the use was considered as a formal text amendment to this zoning
chapter.
(Ordinance 17-804 adopted 5/8/17)
(a)
Limitation of use.
No land shall be used except for
a purpose permitted in the district in which it is located.
(b)
Limitation on alteration.
No building shall be erected,
converted, enlarged, reconstructed or structurally altered unless
the same be done in compliance with the use, height, area, parking,
loading, and other regulations provided herein for the district in
which the same is located.
(c)
Limitation on reduction.
The minimum yards, parking
spaces, open spaces, and lot area required by this article for each
and every building existing at the time of passage of this article
or for any building hereafter erected or structurally altered, shall
not be encroached upon or considered as part of the yard or parking
space or open space required for any other building, nor shall any
such yard, space or area be reduced below the requirements of this
article therefor in the district in which such lot is located.
(Ordinance 17-804 adopted 5/8/17)
