(a) When any uncertainty exists with respect to the boundaries of any of the districts listed in Section 1155.01, as shown on the Zoning Map, the following rules shall apply:
(1) Where a district boundary is indicated as approximately following the centerline or right-of-way line of a street or a highway, such a line shall be construed to be such district boundary.
(2) Where a district boundary is so indicated that it is approximately parallel to the centerline or right-of-way line of a street or a highway, such district boundary shall be construed as being parallel thereto and at such a distance as indicated on the Zoning Map. If no distance is given on the Zoning Map or in the ordinance establishing such district, such dimensions shall be determined by the use of the scale shown on such map.
(3) Where a district boundary is indicated as approximately following a lot line, such lot line shall be construed to be such boundary.
(4) Where a district boundary is so indicated that it does not follow or parallel a street, highway, or lot lines but rather connects points established by the intersection of such lines, such straight lines connecting such points shall be construed to be such district boundaries.
(5) Where a district boundary is so indicated that it follows a topographical feature, such line shall be construed as following the centerline of such feature. The location of such topographical feature shall be determined by the use of the scale shown on the Zoning Map.
(6) Whenever any street or public way is vacated in the manner authorized by law, the zoning districts adjoining each side of the street, alley, or public way shall be automatically extended to the center of such vacations, and all areas included in the vacation shall then and henceforth be subject to all the regulations of the extended districts.
(7) In case any further uncertainty exists, the Planning Commission shall interpret the location of such boundaries.
(b) In the adoption of this Zoning Ordinance and in interpreting and applying the provisions hereof, said provisions shall be for the promotion of the public health, safety, comfort, convenience and general welfare. They shall be enforced and interpreted according to the following rules:
(1) Uses by right.
A. All listed permitted uses are permitted by right according to the terms of this Ordinance. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, arranged to be used, or designed to be used in a manner which does not comply with all of the district provisions established by this Zoning Ordinance for the district in which the building or land is located.
B. Uses which are omitted from this Zoning Ordinance which are not specifically permitted shall not be permitted until, by amendment, such uses are written into this Zoning Ordinance. Conditional and similar uses may be permitted only if a determination is made by the Planning Commission that such use conforms to the criteria provided in Chapter 1165 and subject to specific conditions, otherwise they shall be prohibited.
(2) Minimum regulations.
A. Regulations set forth in this Ordinance shall be minimum regulations. If the requirements set forth in this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or higher standard shall govern.
B. The minimum yards or other open spaces required by this Ordinance for each and every building shall not be encroached upon or considered as meeting the yard and open space requirements of any other building.
C. Every building hereafter erected, moved, or structurally altered, shall be located on a lot and in no case shall there be more than one (1) principal building and its customary accessory buildings on the lot, except in the case of a designed complex of professional, residential, or commercial buildings in an appropriate zoning district (i.e., school campus, shopping center, and industrial park).
D. No building shall be erected on a lot which does not abut a street or have access to a street, provided that in a business district or in a planned project in a residential district, a building may be erected adjoining a parking area or dedicated open space which has access to a street used in common with other lots.
(3) Restrictive covenants and deed restrictions. Unless restrictions established by covenants and deed restrictions running with the land are prohibited by the provisions of this Ordinance, nothing herein contained shall be construed to render such covenants or restrictions inoperative.
(4) Annexation. As part of the annexation hearing for a property, the Village Council shall make a determination on the zoning classification of all property. Such annexed property will be so zoned unless and until it is rezoned according to the regulations of this Ordinance.
(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)