(A) Title. This chapter shall be known as the “Eden Valley Zoning Ordinance”, except as referred to herein, where it shall be known as “this chapter” and shall supersede any previous ordinance specifically pertaining to the regulation of land uses/zoning within the city.
(Prior Code, § 501.010)
(B) Intent and purpose. The intent of this chapter is to protect the public health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing development and use. This chapter shall divide the city into use districts and establish regulations in regard to location, erection, construction, reconstruction, alteration, and use of structures and land. Such regulations are established to provide adequate light, air, and convenience of access to property; to prevent congestion in the public right-of-way; to prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and density of population; to provide for compatibility of different land uses; to provide for administration of this chapter; to provide for amendments; to prescribe penalties for violation of such regulations; and to define powers and duties for violation of such regulations; and to define powers and duties of the city staff, the Board of Adjustment and Appeals, the Planning Commission, and the City Council in relation to this chapter.
(Prior Code, § 501.020)
(C) Short title. This chapter shall be known and may be cited as the “Eden Valley Zoning Ordinance”.
(Prior Code, § 501.030)
(D) Standard requirements.
(1) Where the conditions imposed by any provisions of this chapter are either more or less restrictive than comparable conditions imposed by other ordinance, rule, or regulation of the city, the ordinance, rule, or regulation which imposes the more restrictive condition standard or requirements shall prevail.
(2) In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements for the promotion of the public health, safety, and welfare.
(3) No structure shall be erected, converted, enlarged, or used for any purpose which is not in conformity with the provisions of this chapter. This shall include changes in the use of the property.
(4) Except as herein provided, no building, structure, or premises shall hereafter be used or occupied and no site permit shall be granted that does not conform to the requirements of this chapter.
(Prior Code, § 501.040)
(E) Uses not provided for within zoning districts.
(1) Whenever, in any zoning district, a use is neither specifically permitted nor denied, the use shall be considered prohibited. In such case, the City Council or the Planning Commission, on their own initiative or upon request, may conduct a study to determine if the use is acceptable, and, if so, what zoning district would be most appropriate and the determination as to conditions and standards relating to development of the use.
(2) The City Council, Planning Commission, or property owner shall, if appropriate, initiate an amendment to this chapter to provide for the particular use under consideration or shall find that the use is not compatible for development within the city.
(Prior Code, § 501.050)
(F) Rules. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
(1) The singular number includes the plural and the plural the singular;
(2) The present tense includes the past and the future tenses, and the future the present;
(3) The word “shall” is mandatory while the word “may” is permissive; and
(4) The masculine gender includes the feminine and neuter.
(Prior Code, § 501.070)
(Ord. passed 10-8-2003)