This article shall be known and may be cited as “The City of Valley View Zoning Ordinance.”
(Ordinance adopted –/–/04, sec. 1)
Zoning regulations and districts are herein established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the citizens of the city. They are 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, and to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been established with reasonable consideration for the character of each district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(Ordinance adopted –/–/04, sec. 2; Ordinance adopting Code)
(a)
Zoning districts identified.
The city is hereby divided into zoning districts as listed in the [this] section.
Abbreviated Designation | Zoning District Name |
|---|---|
A | Agricultural District |
SF-E | Single-Family Residential District - Estate |
SF-1 | Single-Family Residential District - 1 |
SF-2 | Single-Family Residential District - 2 |
TF | Two-Family Residential (Duplex) District |
TH | Townhouse Residential District |
MH-1 | Manufactured Home District |
MH-2 | Manufactured Home Park District |
MF | Multifamily District |
C-1 | Commercial District - Office, Light Retail, and Neighborhood Services |
C-2 | Commercial District - General |
C-3 | Commercial District - Heavy |
M-1 | Manufacturing/Industrial District - Light |
M-2 | Manufacturing/Industrial District - Heavy |
PD | Planned Development District |
FP | Flood Plain District |
THOR | Thoroughfare Overlay District |
F-B | Food and Beverage Overlay District |
(b)
Description and purpose of zoning districts.
A – Agricultural District: This district provides for the continuance of farming, ranching, and gardening activities on land being utilized for these purposes. When land in an Agricultural District is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning district(s) to provide for orderly growth and development in accordance with the comprehensive plan. See section 9.02.041 for A – Agricultural District regulations.
SF-E – Single-Family Residential District - Estate: The SF-E district provides for residential development on large lots with a minimum building site of 35,000 square feet. Density in this district will usually be no greater than one (1) unit per gross acre. See section 9.02.061 for SF-E – Single-Family Residential District - Estate regulations.
SF-1 – Single-Family Residential District - 1: The SF-1 district provides for a minimum residential building site of 9,000 square feet. Density in this district will usually be no greater than four (4) units per gross acre. See section 9.02.062 for SF-1 – Single-Family Residential District regulations.
SF-2 – Single-Family Residential District - 2: The SF-2 district provides for a minimum residential building site of 7,200 square feet and permits residential development of densities ranging from four (4) to six (6) units per gross acre. See section 9.02.063 for SF-2 – Single-Family Residential District regulations.
TF – Two-Family Residential (Duplex) District: The TF district provides for stable, quality residential development, including duplex, and similar residential development with densities ranging from four (4) to twelve (12) units per gross acre. See section 9.02.091 for TF – Two-Family Residential (Duplex) District regulations.
TH – Townhouse Residential District: The TH district provides for stable, quality residential development, including townhouses, zero lot line homes, garden (patio) home, and similar residential development with densities ranging from four (4) to twelve (12) units per gross acre. See section 9.02.092 for TH – Townhouse Residential District regulations.
MH-1 – Manufactured Home District: The MH-1 district provides an area for the placement of HUD-code manufactured home and modular home units in subdivisions in which most lots and housing units are owner-occupied. Densities in this district will be comparable to that of the SF-2 District. See section 9.02.093 for MH-1 – Manufactured Home Subdivision District regulations.
MH-2 – Manufactured Home Park District: The MH-2 district establishes a category in which manufactured home park development with a maximum density of approximately five (5) to six (6) units per gross acre can occur. See section 9.02.094 for MH-2 – Manufactured Home Park District regulations.
MF – Multifamily District: The MF district permits multifamily developments of maximum densities of fifteen (15) units per acre.
C-1 – Commercial District - Office, Light, Retail, and Neighborhood Services: Retail, commercial, and office uses developed under the standards of the C-1 District are designed to provide a compatible relationship between the C-1 development and adjacent residential areas. See section 9.02.121 for C-1 Commercial District - Office, Light Retail, and Neighborhood Services regulations.
C-2 – Commercial District - General: Uses which require considerable space for display, sales, or open storage, or by the nature of the use are generally not compatible with residential uses are located in the C-2 Commercial District. See section 9.02.122 for C-2 – General Commercial District regulations.
C-3 – Commercial District - Heavy: Uses which require considerable space for display, sales, or open storage, or by the nature of the use are generally not compatible with residential uses, and not compatible with general commercial district regulations are located in the C-3 Commercial District. See section 9.02.123 for C-3 – Heavy Commercial District regulations.
M-1 – Manufacturing/Industrial District - Light: The Light Manufacturing/Industrial District is established to accommodate uses of a non-nuisance type located in relative proximity to residential and C-1 business areas. Development in the M-1 district is limited primarily to certain wholesale, jobbing and warehouse uses and certain specialized manufacturing and research uses of a type which will not create nuisances. See section 9.02.151 for M-1 – Manufacturing/Industrial District - Light regulations.
M-2 – Manufacturing/Industrial District - Heavy: The Heavy Manufacturing/Industrial District is established to accommodate industrial uses not appropriate for inclusion in the M-1 district and likely to create noise, traffic, odor and/or other conditions incompatible with most residential and commercial uses. See section 9.02.152 for M-2 – Manufacturing/Industrial District - Heavy regulations.
PD – Planned Development District: The Planned Development District provides a zoning category for the planning and development of larger tracts of land for tracts of land with unique characteristics for a single use or combination of uses requiring flexibility and variety in design to achieve orderly development with due respect to the protection of surrounding property. See section 9.02.171 for PD – Planned Development District regulations.
FP – Flood Plain District: Zoning districts located in flood hazard areas which are subject to periodic inundation shall be preceded by the prefix FP, indicating a sub-district. Areas designated FP may be used only for those uses listed in the provisions of section 9.02.172 until a use in any area or any portion thereof located in FP sub-district has been approved by the board of aldermen. Approval shall only be given after engineering studies determine that the area, or any portion thereof, is suitable for uses in the district, and building construction or development would not create an obstruction to drainage nor a hazard to life or property, and that such construction is not contrary to the public interest. See section 9.02.172 for FP – Flood Plain District regulations.
THOR – Thoroughfare Overlay District: The Thoroughfare District is designed to provide for the diverse uses that can take advantage of the access provided by a major arterial or freeway, without sacrificing the integrity of the thoroughfare or freeway in its primary function as a means of moving vehicular traffic through the community.
(Ordinance adopted –/–/04, sec. 3; Ordinance adopting Code)
(a)
Zoning district boundaries delineated on zoning district map.
The boundaries of the zoning districts set out herein are delineated upon the zoning district map of the city, said map being hereby adopted as part of this article as fully as if the same were set forth herein in detail.
(b)
Regulations for maintaining zoning district map.
Two (2) original, official, and identical copies of the zoning district map are hereby adopted bearing the signature of the mayor and attestation of the city secretary and shall be filed and maintained as follows:
(1)
One copy shall be filed with the city secretary, to be retained as the original record and shall not be changed in any manner.
(2)
One copy shall be filed with the building official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing building permits and for enforcing the zoning ordinance. The building official shall keep a written record (logbook) of all changes made to the zoning district map.
(3)
Reproductions of the official zoning district map may be made for information purposes.
(Ordinance adopted –/–/04, sec. 4; Ordinance adopting Code)
(a)
Rules for determining district boundaries.
The district boundary lines shown on the 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 map, the following rules shall apply:
(1)
Boundaries indicated as approximately following streets, highways, or alleys shall be construed to follow the centerline of such street, highway, or alley.
(2)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.
(3)
Boundaries indicated as approximately following city limits shall be construed as following city limits.
(4)
Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way; if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.
(5)
(7)
Whenever a street, alley or other public way is vacated by official action of the board of aldermen, or whenever a street or alley 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.
(8)
Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and such question cannot be resolved by the application of subsections (1) through (7), or the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the property shall be considered as classified A – Agricultural District, temporarily. In an area determined to be temporarily classified as A – Agricultural District, no person shall construct, add or to alter any building or structure or cause the sale [same] to be done, nor shall any use be located therein or on the land which is not permitted in an A – Agricultural District, unless and until such territory has been zoned to permit such use by the board of aldermen. It shall be the duty of the board of aldermen to determine a permanent zoning for such area as soon as practicable.
(Ordinance adopted –/–/04, sec. 5; Ordinance adopting Code)
(a)
Initial zoning concurrent with zoning.
An area or areas being annexed to the city shall ordinarily be given initial zoning concurrently with the annexation.
(b)
Temporary classification.
In instances in which the zoning of an annexed territory concurrently with the annexation is impractical, the annexed territory shall be temporarily classified as A – Agricultural District, until other zoning is established by the board of aldermen. The procedure for establishing regular zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations. The board of aldermen shall determine an initial zoning for such area as soon as practicable after annexation.
(c)
Regulations in areas temporarily classified.
In an area temporarily classified as A – Agricultural District:
(1)
No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit or certificate of occupancy from the building official or the board of aldermen, as may be required.
(2)
No permit for the construction of a building or use of land shall be issued by the building official other than a permit which will allow the construction of a building permitted in [the A – Agricultural District until such territory has been classified in] a zoning district other than the Agricultural District by the board of aldermen in the manner prescribed by law.
(Ordinance adopted –/–/04, sec. 6; Ordinance adopting Code)
(a)
Compliance with zoning regulations required.
All land, buildings, structures, or appurtenances thereon located within the city which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided.
(b)
Building permits prohibited without plat.
No permit for the construction of [or] placement of a building or buildings upon any tract or plot shall be issued unless the plot or tract is part of a plat of record, properly approved by the planning and zoning commission and board of aldermen and filed in the plat records of the county or counties in which the plot or tract is located.
(c)
Exclusions.
Nothing herein contained shall require any change in the plans, construction, or designated use of a building under construction at the time of the passage of this article and which entire building shall be completed within one (1) year from the date of passage of this article.
(d)
One main building on a lot or tract.
Only one main building for one-family or two-family use with permitted accessory buildings may be located upon a lot or tract. Every dwelling shall face or front upon a public street or approved place other than an alley, which street or approved place shall have a minimum width of thirty-one (31) feet and a fifty (50) foot right-of-way. Where a lot is used for retail and dwelling purposes, more than one main building may be located upon the lot but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts. Whenever two or more main buildings or portions thereof, are placed upon a single lot or tract and such buildings will not face upon a public street, the same may be permitted when the site plan for such development is approved by the board of aldermen. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other dwelling or other use.
(Ordinance adopted –/–/04, sec. 7; Ordinance adopting Code)