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In the event that the official zoning map becomes damaged, destroyed, lost or is deemed necessary to be replaced due to the age of the map or major corrections in location of rights-of-way or subdivisions, the City Council may cause to have prepared and adopt a new official zoning map which shall supersede the prior official zoning map, but no such corrections shall have the effect of amending the original zoning map or any subsequent amendment thereto.
(Ord. 2017-6, passed 4-4-17)
Rules for interpretation of zone boundaries shown on the official zoning map are as follows:
A. Boundaries indicated as approximately following the rights-of-way of a street, alley, or other public way shall be construed to follow such rights-of-way lines and when said rights-of-way are officially vacated, the zones bordering those rights-of-way shall be extended out to the centerline of the vacated rights-of-way.
B. Boundaries indicated as approximately following platted lot lines shall be construed as following the lot lines.
C. Boundaries indicated as approximately following political boundary lines shall be construed as following the boundary lines.
D. Boundaries indicated as approximately following the rights-of-ways of railroad lines shall be construed as following the lines.
E. Boundaries indicated as approximately following the centerlines of streets, streams, rivers, ditches, gullies, ravines, or other bodies of water shall be construed to follow the centerlines.
F. Boundaries indicated as approximately following a topographic elevation, determined by the scale of the map shall be construed as following the ground elevation lines.
G. Boundaries indicated as approximately parallel to features indicated in divisions A through F of this section, shall be construed as parallel to those features. Boundaries indicated as approximate extensions of features shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map, if an accurate legal description cannot be determined.
(Ord. 2017-6, passed 4-4-17)
A. When an area is annexed to the city, or in any case where property within the city has not been included within a zone, either through error or omission this property shall be officially included in the C-O Zone until otherwise classified.
B. Within sixty (60) calendar days after an annexed area officially becomes a part of the city, or an error or omission is recognized, the City Council shall take action to initiate a zone change review of the area in question, as per §§ 17.0 and 17.1, to insure its appropriate zoning classification in conformity with the officially adopted Comprehensive Plan.
(Ord. 2017-6, passed 4-4-17)
ARTICLE IX GENERAL REGULATIONS
A. Except as herein provided, no part of any yard, or other open space, or off-street parking or loading and unloading space about or in connection with any building, structure, or use permitted by this appendix shall be considered to be part of a required yard, or other open space, or off-street parking or loading or unloading space for any other building, structure or use.
B. Except as herein provided, every structure hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one principal building and permitted accessory structure on lot, nor shall any building be erected on any lot which does not abut a public right-of-way.
C. Except as herein provided, accessory structures including utility buildings and storage sheds, and accessory uses shall not be permitted within any required minimum front yard or side yard (on each side of the lot) in any zone. Accessory structures including utility buildings and storage sheds, and accessory uses may be permitted to extend into the minimum rear yard areas, as defined herein, in all zones, provided that those structures are set back from the rear lot line a minimum of the distance equal to the distance of the side yard setback of the zone in which the property is situated, and required minimum side yard clearances are maintained. In addition, where rear yards are adjacent to an alley, garages shall be required to be set back only five feet from the rear lot line unless the side yard setback distance in the zone is less than five fee, and required minimum side yards are maintained. Location of off-street parking, loading, or unloading areas, fences, and signs are governed by their respective sections, as provided herein.
D. Permitted obstructions in minimum required yards. Except as herein provided, the following shall not be considered to be obstructions when located in the required minimum yards specified:
1. In all minimum required yards. Driveways as provided for in § 11.1C); private walkways; steps four feet or less above grade projecting no more than four feet into the minimum required yards which are necessary for access to a lot from a street or alley; fire escapes and chimneys projecting no more than 178 inches into the minimum required yards; arbors and trellises; flag poles; bird baths; trees; plants; shrubberies; ornaments, utility poles and wires; and outdoor furniture; fences and walls, subject to the requirements in §§ 13.0 through 13.10, and off-street parking as provided for in §§ 11.0 through 11.4.
2. In minimum front yard depths. Bay windows and ornamental porches (not more than three fee wide) projecting three feet or less into the minimum required yard; overhanging eaves and gutter projecting not more than three feet into the minimum required front yard; air conditioning equipment; and awnings and canopies extending not more than four feet into the minimum required front yard.
3. In minimum rear yard depths. Bay windows, over-hanging eaves, and gutters, and air conditioning equipment projecting not more than three feet into the minimum required rear yard; awning and canopies provided they not extend more than ten feet into the minimum required rear yards.
4. In minimum side yard with. Air conditioning equipment, excluding compressor for central air conditioning unit; and overhanging eaves and gutters projecting no more than 18 inches into the minimum required side yard; awning and canopies providing that they extend not more than two feet into the minimum required side yard.
E. Except as herein provided, no new use may be created nor may any land or building be used for any use other than those uses permitted in the zone in which the land or building is located.
(Ord. 2017-6, passed 4-4-17)
Except as herein provided, no lot, in any zone, may be reduced in area below the minimum lot area as specified herein for the zone within which that lot is located, except where reduction has been brought about by the expansion or acquiring of rights-of-way for a street. If however, by some means (such as misinterpretation of law, erroneous lot descriptions, and the like) the lot area is reduced below the minimum required area as specified herein for the zone, all of the uses and structures contained on the remaining portion of the area shall be subject to compliance with all other provisions of this appendix. In the event that the uses and structures cannot comply in those circumstances, the property owner may seek relief from the Board of Adjustment, as provided for in § 18.6.
(Ord. 2017-6, passed 4-4-17)
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