Uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein, except as may be permitted by action of the Planning Commission or City Council, pursuant to express authority given under terms of this Title. Any person who may obtain state or federal properties by purchase, lease, or other arrangement must utilize such properties in accordance with the provisions of this Title. Neither the Planning Commission, Board of Adjustment nor the Building Inspector shall permit a use within a zone which is not expressly permitted by the terms of this Code.
Where two (2) or more contiguous parcels are owned by the same person at the time of the passage of this Code, the land included in the parcels shall be considered to be an undivided parcel; provided, however, that this provision shall not apply to lots in a subdivision or condominium project which has received the approval of the Planning Commission, and the plat thereof has been recorded in the office of the County Recorder.
(Ord. No. 06-2012, 07/17/2012)
(1)
As part of its recommendation to the City Council regarding a proposed annexation, the Planning Commission may make recommendations regarding the zone classification which should be applied to the territory, and provided that due public notice of said recommendation shall have been given and a hearing held, as required under Chapter 7 of this Title, the City Council may, in or subsequent to adoption of the annexation ordinance, act to zone the annexed property in accordance with the Commission's recommendation; provided, however, if no such recommendation is given and hearing held, the land shall be classified into that zone with which it has the longest contiguous boundary.
(2)
Where all or part of the territory annexed lies within a flood area, the City Council shall also identify that portion to be included in the Flood Plain Overlay Zone and shall also designate the appropriate subzones for the territory. In determining the boundaries of the FPO zone and its subzones, the City Council shall obtain, review, and reasonably utilize all base flood elevation data available from a federal, state or other source so as to include within the FPO zone and appropriate subzone all areas of special flood hazards.
Any building or use of land or any construction thereon which was not authorized by or under the City Code which is illegal under such ordinances, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this Code.