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Where a Comprehensive Plan or an amendment to the Comprehensive Plan has been adopted pursuant to § 14-304(2) (Comprehensive and Other Plan Adoption), the recommendations of that plan shall be considered by the Commission and Zoning Board as a factor in making any decision on a zoning permit application on a topic or area covered by the adopted plan.
The City is hereby divided into the classes of districts described in Chapter 14-400 (Base Zoning Districts) and Chapter 14-500 (Overlay Zoning Districts).
The base and overlay districts authorized by this Zoning Code are shown on a zoning map. The official zoning map shall be the version of those maps that includes the most recent amendment to zoning district boundaries approved by City Council. L&I shall keep the zoning map on file in its office in electronic form and make it available for public inspection during normal business hours. The zoning map shall be the final authority as to the current zoning status of lands, water areas, buildings, and other structures in the City, provided that if the zoning map conflicts with the text of this Zoning Code, the text shall govern. The official zoning map is incorporated into and is part of this Zoning Code.
Notes
6 | Amended, Bill No. 161003-A (approved May 8, 2017). |
Where uncertainty exists with respect to the boundaries of the various districts, as shown on any zoning map, the following rules apply:
(a) The district boundaries are street lines unless otherwise shown; and where the designation on the zoning map indicates a boundary that approximately coincides with an existing street line, that street line shall be construed to be the boundary;
(b) Where a designation on the zoning map indicates a district boundary that approximately coincides with existing lot lines, those lot lines shall be construed to be the boundary;
(c) In undivided property, the district boundary lines on the zoning map shall be determined by measurement according to the scale of the maps;
(d) No district boundary shown on the zoning map shall be construed as extending the authority of L&I beyond the low water mark on any navigable stream; and
(e) Where a street is stricken from the City Plan or where a railroad right-of-way is abandoned, the zoning boundaries of the abutting land shall be extended to the centerline of the vacated street or right-of-way, unless otherwise provided by the City Council.
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
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8 |
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).
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.
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.
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