A. Language: When used in this Ordinance, the following rules for words must apply:
1. The words “shall”, “must”, “will”, “is to”, and “are to” are always mandatory.
2. “Should” is not mandatory but is strongly recommended; and “may” is permissive.
3. The present tense includes the past and future tenses; and the future tense includes the present.
4. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.
5. The words “includes” and “including” must mean “including but not limited to...”.
6. When used to describe the applicability of two or more requirements of this Zoning Ordinance, the word “or” shall mean that compliance with any of the series is sufficient, and the words “and” and “and/or” must mean that compliance with all of the series is required.
7. The words “occupied” or “used” must be considered as though followed by the words “or intended, arranged or designed to be used or occupied”.
8. In case of any difference of meaning or implication between the text of this Zoning Ordinance and any caption or illustration, the text shall control.
9. In case of any difference of meaning or implication between a specific definition found elsewhere in this Ordinance and the definition found in this chapter, the specific definition shall control.
10. Time Limits. Whenever a number of days is specified in the Ordinance, or in any permit, condition of approval, or notice provided in compliance with the Ordinance, the number of days must be constructed as consecutive calendar days. A time limit shall extend to 5 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.
11. Allowable Uses of Land. The Director has the authority to determine similar uses beyond what is identified in Section 10-3.4. The Director may also refer any issue of similar use to the City Council for their determination.
B. Front Street, Side Street, And Property Line Determinations: Front streets, side streets, and property lines shall be interpreted as follows:
1. Where only one street abuts a lot, that street is considered a front street.
2. For purpose of this provision, the front property line is the property line that “faces” and is adjacent to the front street.
3. A lot with more than one street front must designate at least one front street. A lot may have more than one front street. The Director will determine which streets are front streets based on:
a. The street or streets with the highest classification;
b. The established orientation of the block;
c. The street or streets abutting the longest face of the block;
d. The street or streets parallel to an alley within the block;
e. The street that the lot takes its address from; and
f. The pedestrian orientation of adjacent or abutting development, existing or proposed.
C. Measurement.
1. Measurement of Setbacks. The method of measuring setbacks is as follows:
a. Unless otherwise described in this Ordinance, required setbacks must be measured horizontally from the nearest point of the front, side, or rear lot line to the nearest line of the structure, see Figure 1
below.
Figure 1: Setback Measurement
For an irregular shaped lot, required setbacks (e.g., front, side, rear setbacks) shall be determined by the Review Authority. Examples of setbacks on irregular shaped lots are illustrated in Figure 3 above.
b. In measuring a front or secondary front setback, the setback must be measured as the perpendicular distance between the closest edge of right-of way and the corner or face of structure closest to the street.
Figure 2: Sample Setback Measurement Graphic
c. For lots fronting on a substandard street, the front and secondary front setbacks must be measured from the edge of right-of-way, based upon the City’s adopted street standards.
d. Through parcels must have a front setback on both opposing sides of the parcel.
Figure 3: Structure Height on Steep Grade
Figure 4: Structure Height
D. Height Measurements.
1. Unless otherwise described in this Ordinance, the maximum allowable height must be measured as the vertical distance from the average elevation of the finished grade along the front of the building to the highest point of the building structure (see Figure 4 above).
a. Average elevation of the finished grade is determined by calculating the average of the highest and lowest elevation along natural or improved grade (whichever is more restrictive) along the front of the building parallel to the front street setback line (see Figure 3 above).
2. Flagpoles must be consistent with the height limit in the respective zoning district.
3. Agricultural structures and steeples attached to a place of worship are exempt from height maximum standards. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023)