(2) Multiple Districts or Provisions. 7

When the boundaries of various districts as shown on the zoning map are established so that a single lot has more than one base zoning district designation, the following provisions apply.

(a)   The provisions of a zoning district shall apply to the entire lot if both:

(.1)   The zoning district covers at least 75% of the parcel; and

(.2)   The conditions of (b), below, do not apply.

(b)   If two or more zoning districts each cover a contiguous area on the lot that is greater than or equal to either of the following, the most restrictive provisions of all zoning districts that have a contiguous area that covers at least 10% the total lot area shall apply:  8

(.1)   The minimum lot area for that district; or

(.2)   1,600 sq. ft., if the zoning district does not require a minimum lot area.

(c)   For any lot that meets the conditions of (b), only overlays that apply to zoning districts that cumulatively have a contiguous area that covers at least 10% the total lot area shall apply.

(d)   On any parcel for which neither (a) nor (b) applies, the Commission shall select a single zoning district from among those that cover a portion of that parcel. The Commission shall select the zone based on what best accomplishes the goals for the immediate area in the comprehensive plan, as provided in its regulations. The provisions of the selected zoning district shall apply to the entire parcel.

 

Notes

7	Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 210078-A (approved April 28, 2021).
8	Amended, Bill No. 220418 (approved November 30, 2022).

§ 14-108. Relationship to Other Regulations.

(1) Conflict.

This Zoning Code is intended to complement other municipal, state, and federal regulations that affect land use, but is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. Where conditions, standards, or requirements imposed by any provision of this Zoning Code are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, or permit, the provisions that are more restrictive or that impose higher standards or requirements shall govern, except as described in § 14-108(2) (Overlay Districts).

(2) Overlay Districts.

If the provisions of an overlay district listed in Chapter 14-500 (Overlay Zoning Districts) conflict with other provisions of this Zoning Code, the overlay district provisions shall govern regardless of whether they are more restrictive or less restrictive than the conflicting provision.

§ 14-109. Relationship to Private Agreements.

Where the provisions of this Zoning Code impose a greater restriction than that imposed by a private agreement, including but not limited to any easement, covenant, or deed restriction, the provisions of this Zoning Code will control. Where the provisions of a private agreement impose a greater restriction than this Zoning Code, the provisions of the private agreement may be enforced between private parties notwithstanding the provisions of this Zoning Code. The existence of a private agreement shall not excuse any failure to comply with this Zoning Code. The City shall not be responsible for monitoring or enforcing private agreements.

§ 14-110. Transition from Prior Regulations.

(1) Violations Continue.

Any violation of the previous zoning regulations will continue to be a violation under this Zoning Code and be subject to § 14-306 (Enforcement) unless the use, development, construction, or other activity that violated the previous zoning regulations is no longer a violation of this Zoning Code. Nothing in this section, however, is intended to relieve any person of liability for any fines or penalties owing or claimed to be owing under the prior Zoning Code.

(2) Approved Projects.

The following transitional provisions shall apply to projects approved prior to the effective date of this Zoning Code.

(a)   Permits and approvals that are valid on the effective date of this Zoning Code shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed;

(b)   No provision of this Zoning Code shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to the effective date of this Zoning Code; and

(c)   Any re-application for an expired permit or approval, including special exception and regulated use approvals, shall meet the standards in effect at the time of re-application.