In the construction of this code, the rules contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise.
(A) Rules.
(1) Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural, the singular.
(2) The word "shall" is mandatory and not discretionary.
(3) The word "may" is permissive.
(4) The word "lot" shall include the words "plot," "piece," and "parcel"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and, the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
(5) The word "city" means the City of Lockport.
(6) Unless otherwise specified, all distances shall be measured horizontally.
(7) Whenever a word or term defined herein appears in the text of this code, its meaning shall be construed as set forth in the definition.
(8) Whenever a word or term used in this code is not defined herein, its meaning shall be taken as the commonly understood usage or as defined in a dictionary of common usage.
(B) Zoning maps. The boundaries of the district are shown upon the map attached to Ordinance No. 21-016 and made a part of this chapter, which map is designated as “the zoning map”. The zoning map and all the notations, references and other information shown thereon are a part of this chapter, and have the same force and effect as if the zoning map and all the notations, references, and other information shown were all fully set forth or described herein, the original of which zoning map is proposed, attested and is on file in the Office of the City Clerk.
(C) Annexed land. All territory that may hereafter be annexed to the city shall be classified E-R Estate Residential until otherwise classified by amendment as provided herein. In the event owners of property to be annexed desire a classification other than E-R Estate Residential District, a petition shall be submitted for the desired zoning classification simultaneously with the petition for annexation.
(D) Zoning of streets, alleys, public ways, and railroad rights-of-way. All streets, alleys, public ways, and railroad rights-of-way; if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon the alleys, streets, public ways and railroad rights-of-way. Where the centerline of a street, alley, public-way or railroad right-of-way serves as a district boundary, the zoning of the areas, unless otherwise specifically designated, shall be directed to be the same as that of the property abutting up to the centerline.
(E) Boundary lines. In the event that uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply.
(1) The district boundaries are the centerlines of the streets or alleys, unless otherwise indicated. Where designation of a boundary line on the zoning map coincides with the location of a street or alley, the centerline of the street or alley shall be construed to be the boundary of the district.
(2) Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, the lot lines shall be construed to be the boundary of the district.
(3) Where the district boundaries do not coincide with the location of streets, alleys or lot lines, the district boundary shall be determined by the use of the scale shown on the zoning map.
(4) When a lot held in one ownership on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district.
(F) Interpretation.
(1) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.
(2) Where the conditions imposed by any provision of this zoning code open the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this code or of any other law, ordinance, resolution, rule or regulations of any kind, the regulations that are more restrictive (those that impose higher standards or requirements) shall govern.
(3) This code is not intended to abrogate any easements, covenant or any other private agreement, provided that where the regulations of this code are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this code shall govern.
(G) Platted building and setback lines. If a recorded subdivision plat imposes a building or setback line for a lot that is less than the minimum yard required by the applicable section of this chapter, notwithstanding the recorded plat, the minimum yard shall be the same required by the applicable section of this chapter.
(Ord. 21-016, passed 8-18-21)