(A) Title. This subchapter shall be known, cited and referred to as the “Zoning Ordinance of the City of Ferris.”
(B) Interpretation of chapter. When interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.
(1) Conflict with other laws. Nothing in this chapter shall be construed as repealing any existing ordinance regulating nuisances or as permitting or requiring uses that are now prohibited by law.
(2) District boundaries. When definite distances in feet are not shown on the Zoning District Map, the district boundaries on the Map are intended to be along existing streets, alleys or property lines or extensions of or from the same. When the location of a district boundary line is not otherwise specified, it shall be determined by scaling on the Official Zoning Map and measuring from a given line.
(3) Discrepancies in map. Where the street layout on the ground varies from the street layout as shown on the Zoning District Map, the Board of Adjustments may apply the designations shown on the mapped streets in such a way as to carry out the intent and purpose of the plan for the particular area in question.
(4) Pre-existing legal status. No building, structure or use which was not lawfully existing at the time of adoption of this chapter shall be, become or be made legal solely by the adoption of this chapter.
(C) Severability. It is hereby declared to be the intention of the City Council of the city that the provisions of this chapter are severable. If any court of competent jurisdiction shall judge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment. If any court of competent jurisdiction shall judge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.
(D) Rules for words and phrases. The zoning regulations and districts provided herein have been established in accordance with a comprehensive plan, for the purpose of promoting the health, safety, morals, and general welfare of the citizens of the city. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city consistent with a comprehensive plan.
(1) General interpretation. For the purpose of this chapter, certain terms and words are defined and shall have the meanings ascribed in this chapter unless it is apparent from the context that different meanings are intended.
(2) Tense and number. Words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number.
(3) Interpretation of certain words. The word “shall” is mandatory not directory; the word “may” is permissive; the word “person” includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word “used” means designed and intended or arranged to be used; the word “building” includes the word “structure;” the word “lot” includes “building lot” or “parcel.” The term “occupied” means "occupied or intended to be occupied, or arranged or designed for occupancy." The word “including” means “including but not limited to.” Wherever this chapter imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of this chapter shall govern.
(E) Districts established. The city is hereby divided into 16 classes of use districts, such districts being of the shapes and areas deemed best suited to carry out the purpose and intent of this chapter, and are named as follows:
(1) Undeveloped land district.
(a) “AG” Agricultural;
(b) “POS” Parks & Open Spaces.
(2) Residential districts.
(a) “R-1” Single-Family Residential District - 9,000 square foot lot size;
(b) “R-2” Single-Family Residential District - 7,150 square foot lot size;
(c) “R-3” Single-Family Residential District - 5,500 square foot lot size;
(d) “R-T” Single-Family Residential District - Cluster;
(e) “R-D” Residential District - Duplex;
(f) “MF-18” Multi-Family Residential District - 18 DU/Ac.;
(g) “MH” Mobile Home Park District;
(h) “RV” Recreational Vehicle District.
(3) Commercial districts.
(a) “C-O” Office Commercial District;
(b) “C-N” Neighborhood Commercial District;
(c) “C-C” Commercial Corridor District.
(4) Industrial districts.
(a) “I-L” Light Industrial and Warehousing District;
(b) “I-H” Medium and Heavy Industrial District;
(5) Planned multi-use development districts.
(a) “PD” Planned Development District;
(F) Zoning District Map.
(1) Official Zoning Map. The boundaries of the districts are as shown on the Official Zoning District Map, which has been previously adopted and is made a part of this chapter. Any future updates to the Official Zoning Map shall become part of this chapter at the time that the Map is adopted by the City Council. It shall be the duty of the City Manager or his or her authorized representative to keep the Map current by marking or otherwise indicating on it the changes of the district boundaries and of uses as a result of amendments to this chapter.
(2) Questions regarding boundaries. Where uncertainty arises with regard to the boundaries of districts as shown on the Map, the following rules shall apply:
(a) Boundaries indicated as approximately following the center lines of streets, highways, alleys, railroads, streams, or property lines shall be construed as following such center lines;
(b) Boundaries indicated as approximately following city limit lines shall be construed as following such lines;
(c) Boundaries indicated as parallel to or extensions of features indicated in division (F)(2)(a) and (b) above shall be so construed. Distances not specifically indicated on the Map shall be determined by the scaling on the Map.
(d) Where physical or cultural features existing on the ground are at variance with those shown on the Map or in other circumstances not covered by these rules, the City Council shall interpret the district boundaries.
(G) General provisions: Residential districts.
(1) Non-applicability of area regulations to certain lots. The required minimum lot width and the required minimum lot area for any Single-Family Residential District shall not apply to any individual lots of record that was platted prior to the adoption of this chapter.
(2) Construction regulations.
(a) Every residential structure hereafter constructed or placed in the city shall have at least 75% of its exterior wall surface constructed of masonry and/or glass pane.
(b) Every residential structure hereafter constructed or placed in the city shall have 100% of all wall surfaces facing a public street (front or side) constructed of masonry and/or glass pane.
(c) Stucco shall not be allowed on any residential structure with less than 4,000 square feet of living area.
(d) Single-family homes constructed/re-constructed in established neighborhoods may be constructed/re-constructed to match the type of construction most prevalent in the surrounding area. Should a question arise as to the allowed type of construction the Board of Adjustments shall make the final determination.
(e) Single-family homes hereafter constructed or placed in the city shall have a minimum of a 2-car garage, with a minimum 400 square feet.
(f) These construction regulations shall apply to all of the following:
1. Newly constructed houses.
2. Houses moved into or within the city from a previous location.
3. Houses determined by the Building Official or Board of Adjustment and Appeals to be damaged or deteriorated over 50% of the appraised value.
(H) General provisions: Industrial districts. When a building is erected or structurally altered for any of the uses provided in § 154.060 in any district in § 154.070, the same shall comply with the minimum yard and off-street parking requirements which would be applicable if the same were situated in a “C-C” District.
(Ord. O-12-743, passed 12-3-2012; Am. Ord. O-15-800, passed 8-17-2015)