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(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 7-21-04, p. 28848)
This Zoning Ordinance is adopted for the purpose of:
17-1-0513 establishing clear and efficient development review and approval procedures;
17-1-0514 accommodating growth and development that complies with the preceding stated purposes; and
17-1-0515 Enabling the city to establish an integrated network of city digital signs.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 12-12-12, p. 44485, § 6)
17-1-0601 Numbering Style. The first two numerals in a section number correspond to the Title of the Municipal Code in which the section is located – Title 17 in the case of this Zoning Ordinance. Chapter numbers are found between the first and second dashes in the section number. Thus "17-1-XXXX" identifies the first chapter of Title 17. The first two numerals following the second dash identify the section number. The third and fourth numerals following the second dash identify the subsection number. Thus, "17-1-0601" identifies Title 17, Chapter 1, Section 6, subsection 1.
17-1-0602 Meanings and Intent. The language of the Zoning Ordinance must be read literally. Regulations are no more or less strict than stated. Words listed in Chapter 17-17 have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in Chapter 17-17 have the meaning given in the latest edition of Merriam Webster's Collegiate Dictionary.
17-1-0605-A Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more must be rounded up to the next consecutive whole number. For example, if a minimum requirement of one tree for every 30 linear feet is applied to a 50-foot dimension, the resulting fraction of 1.67 is rounded up to 2 required trees.
17-1-0605-B Maximum Limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number. For example, if a maximum limit of one dwelling unit for every 2,500 square feet is applied to a 6,250 square foot lot, the resulting fraction of 2.5 is rounded down to 2 (allowed dwelling units).
17-1-0606 Headings and Illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this Zoning Ordinance. In case of any difference of meaning or implication between the text of this Zoning Ordinance and any heading, drawing, table, figure, or illustration, the text controls.
17-1-0607 References to Other Regulations. All references in the Zoning Ordinance to other city, county, state, or federal regulations are for informational purposes only, and do not constitute a complete list of such regulations. These references do not imply any responsibility by the city for enforcement of county, state, or federal regulations.
17-1-0608 Current Versions and Citations. All references to other city, county, state, or federal regulations in the Zoning Ordinance refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, Zoning Ordinance requirements for compliance are no longer in effect.
17-1-0610 Delegation of Authority. Whenever a provision appears requiring the head of a department or another officer or employee of the city to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this Zoning Ordinance expressly prohibit such a delegation.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391)
17-1-0702 The Development Manual must be approved by the Zoning Administrator and made available for distribution, purchase or public inspection in the Department of Planning and Development.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 11; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30)
17-1-0801 Adoption. The location and boundaries of the zoning districts established by this Zoning Ordinance are shown on the Official Zoning Atlas, which – together with all notations, references, data and other information shown on the maps that comprise the atlas – is adopted and incorporated into this Zoning Ordinance.
17-1-0803-D Dimensioned zoning district boundary lines shown on the zoning maps are intended to coincide with property lines. Where a dimensioned boundary line coincides approximately with but not exactly with a property line that existed on the effective date of incorporation of such boundary line into the zoning maps, that boundary line is to be construed as the property line that existed at that location at the time of incorporation of that boundary line into the zoning maps.
17-1-0803-E Streets or alleys that have been vacated will be construed to fall in the same zoning district as the lots or parcels abutting both sides of the street or alley involved. If the lots or parcels abutting each side of the street or alley were classified in different zoning districts before the street or alley was vacated, the center line of the vacated street or alley will be construed as the boundary line between the respective zoning districts.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-8-12, p. 38872, § 242; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 30)
17-1-1001 Conflict with State or Federal Regulations. If the provisions of this Zoning Ordinance are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls on development.
17-1-1002 Conflict with Other City Regulations. If the provisions of this Zoning Ordinance are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the city, the more restrictive provision will control. The more restrictive provision is the one that imposes greater restrictions or more stringent controls on development.
17-1-1003 Conflict with Private Agreements and Covenants. This Zoning Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Ordinance impose a greater restriction than imposed by a private agreement, the provisions of this Zoning Ordinance will control. If the provisions of a valid, enforceable private agreement impose a greater restriction than this Zoning Ordinance, the provisions of the private agreement will control. The city does not enforce or maintain a record of private agreements.
17-1-1004 Negative Use Restrictions Prohibited as Against Public Policy. Notwithstanding Section 17-1-1003, and subject to the following sentence, a private agreement that purports to impose recorded negative use restrictions upon real property in the City so as to prohibit or have the economic or practical effect of prohibiting the use of such real property for grocery store or drug store purposes after a grocery store or drug store owner or operator of a store in excess of 7,500 square feet has terminated operations at the site, when such uses would otherwise be permitted, including as a special use, under the Zoning Ordinance, and which negative use restriction has a term of more than one year, shall be against public policy, shall be void and unenforceable, and shall be subject to the City's remedial and enforcement powers under Section 17-16-0508, Section 17-16-0509, Section 17-16-0511 (with each day such negative use covenant remains of record or otherwise effective constituting a separate and distinct offense) and Section 17-16-0512. The foregoing prohibition shall not apply to an owner or operator of a grocery store or drug store which terminates operations at a site for purposes of relocating such operations into a comparable or larger store located within the city and within one-half mile of the site where operations have terminated, provided such relocation and the commencement of operations at the new site occurs within two years and the negative use restriction imposed does not have a term in excess of three years. The Zoning Administrator shall have discretion to extend the one-half mile limit set forth in the preceding sentence by one-half mile (i.e., to one mile) and to extend the two year commencement of operations period by one year (i.e., to three years) upon written request of an owner or operator and such requesting party's presentation of evidence establishing extenuating circumstances that establish good cause for such extension(s). The requesting party shall also provide notice and a copy of such written evidence to the alderman or aldermen in which the closed store and the new store are located at the same time such submission is made to the Zoning Administrator. The foregoing prohibition in this Section 2 shall apply regardless of whether the private agreement is incorporated in a deed restriction, a restrictive covenant, a lease or memorandum of lease, or any other recorded instrument.
(Added Coun. J. 9-14-05, p. 56223)
Nothing contained in this Zoning Ordinance is to be construed as a consent, license or permit to use any property or to locate, construct or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity.
(Added Coun. J. 5-26-04, p. 25275)
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